Supreme Court of New Hampshire

Heidi L. Mikell, Adminstrator of the Estate of Joshua R. Markiewicz v. School Administrative Unit #33 & A.

May 15, 2009158 N.H. 723

Summary

The court affirmed dismissal of claims arising from a student's suicide, holding that a teacher's alleged false report of minor misconduct was not extreme and outrageous as a matter of law. It also held that the school and guidance counselor did not have the special custodial or professional relationship necessary to impose a duty to prevent the student's suicide, and that the counselor did not voluntarily assume such a duty. The court further concluded that the alleged causal chain from the counselor's conduct to the suicide was too speculative to support liability.