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Dismissal Of Suit Appropriate In Absence Of A Valid Exception To The Economic Loss Doctrine

Friday, May 04, 2007 12:05 pm

 
Dismissal Of Suit Appropriate In Absence Of A Valid Exception To The Economic Loss Doctrine

The Supreme Court of New Hampshire held that the economic loss doctrine barred a plaintiff's claims, and that the dismissal of the plaintiff's suit was therefore proper.

A subcontractor hired Plourde Sand & Gravel Co. (Plourde) to supply gravel for a roadway. The local town commissioned JGI Eastern, Inc. (JGI) to test the gravel. Upon testing, JGI reported that the gravel contained "insufficient stone content and excessive fines."As a result, the town required Plourde to remove and replace the gravel. Subsequent testing by Plourde revealed that the original gravel did meet the specifications. Plourde sued on a negligence t [...]

 
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