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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Noble Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme.
THE SUPREME COURT OF NEW HAMPSHIRE
Rockingham
No. 2004-566
ESTATE OF JAYCOB GORDON-COUTURE
v.
GEORGE BROWN & a.
Argued: February 9, 2005
Opinion Issued: May 23, 2005
Soltani/Mosca P.L.L.C. , of Epsom (Edward C. Mosca on the brief and orally), for the plaintiff.
McDonough & O'Shaughnessy, P.A., of Manchester (Robert G. Whaland on the brief and orally), for the defendants.
Duggan, J. This case arises out of the accidental drowning of two-year-old Jaycob Gordon-Couture while attending a birthday party at property owned by the defendants, George and Silvia Brown. The plaintiff, the estate of Jaycob Gordon-Couture, appeals an order of the Superior Court (Perkins, J.) granting the defendants

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