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Laws-info.com » Cases » New Hampshire » Supreme Court » 1998 » 96-464, MARGARET VALENTI v. NET PROPERTIES MANAGEMENT, INC.
96-464, MARGARET VALENTI v. NET PROPERTIES MANAGEMENT, INC.
State: New Hampshire
Court: Supreme Court
Docket No: 96-464
Case Date: 03/05/1998

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 Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors in order that corrections may be made before the opinion goes to press. 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:

THE SUPREME COURT OF NEW HAMPSHIRE

___________________________

Hillsborough-northern judicial district

No. 96-464

MARGARET VALENTI

v.

NET PROPERTIES MANAGEMENT, INC.

March 5, 1998

Devine, Millimet & Branch, P.A., of Manchester (Andrew D. Dunn and Ovide M. Lamontagne on the brief, and Mr. Dunn orally), for the plaintiff.

McDonough & O'Shaughnessy, P.A., of Manchester (Michael B. O'Shaughnessy and Robert G. Whaland on the brief, and Mr. Whaland orally), for the defendant.

BROCK, C.J. The plaintiff, Margaret Valenti, slipped and fractured her left hip while on the premises of the defendant, NET Properties Management, Inc. Following a trial in Superior Court (Abramson, J.), the jury returned a verdict for the defendant. We reverse and remand.

The Bedford Mall (mall), located in Bedford, is owned and managed by the defendant. The defendant hired an independent contractor to design the mall's entryway, and another to maintain the mall's entryway and floors. On November 23, 1994, the plaintiff slipped and fell as she walked up the entryway to the mall, allegedly because the floor was wet from the rain and snow that had fallen earlier in the day. The plaintiff fractured her left hip as a result of the fall and subsequently underwent surgery and physical therapy.

At trial, the plaintiff asserted two theories of negligence against the defendant. The plaintiff claimed that the defendant was personally negligent in the design, construction, or maintenance of the entryway, and vicariously liable for the negligence of its independent contractors. The jury returned a verdict for the defendant, and this appeal followed. On appeal, the plaintiff argues that the trial court erred in: (1) instructing the jury that a business landowner may delegate its duty to maintain the safety of its premises; and (2) excluding evidence regarding the defendant's role in the placement of safety mats at the entrance to the mall following the accident.

The defendant argued at trial that because it had hired independent contractors to design and maintain the mall's entryway, the mall could only incur liability if it unreasonably delegated these duties. The defendant's theory was premised on the general rule that an employer of an independent contractor is not vicariously liable for the contractor's negligence. See Restatement (Second) of Torts

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