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Date: 04-25-2023

Case Style:

Georgiana Touchton v. Daniel Harvey

Case Number: 1:21-cv-00468

Judge: Samantah D. Elliott

Court: United States District Court for the District of New Hampshire (Merrimack County)

Plaintiff's Attorney:

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Defendant's Attorney: Doreen F. Connor

Description: Concord, New Hampshire personal injury lawyer represented Plaintiff who sued Defendants on auto negligence and auto insurance liability theories.

"New Hampshire follows a modified comparative negligence rule, which means that a plaintiff can still recover damages for their injuries even if they were partially at fault for the accident, as long as they were not more than 50% at fault. The plaintiff's damages will be reduced by their percentage of fault. For example, if a plaintiff is found to be 25% at fault for an accident, their damages will be reduced by 25%.

To prove negligence in a car accident case in New Hampshire, the plaintiff must show that the defendant:

owed them a duty of care;
breached that duty;
the breach was the proximate cause of their injuries; and
they suffered actual damages as a result of their injuries.

The duty of care owed by drivers to other drivers is to drive in a reasonably safe manner. This means driving at a safe speed, paying attention to the road, and obeying the rules of the road.

Breaching the duty of care can involve any number of actions, such as driving under the influence of alcohol or drugs, speeding, running a red light, or failing to yield the right of way.

The proximate cause of an injury is the act or omission that directly caused the injury. In a car accident case, the proximate cause of the injury is usually the defendant's negligence. However, if the plaintiff's own negligence also contributed to the accident, the court may apportion fault between the parties.

Actual damages are the losses that the plaintiff suffered as a result of their injuries. These can include medical expenses, lost wages, pain and suffering, and emotional distress.

If you have been injured in a car accident in New Hampshire, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in negotiations with the insurance company or in court."

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Outcome: 04/25/2023 23 ///STIPULATION of Dismissal by Georgiana Touchton(Frederick, Amanda) (Entered: 04/25/2023)
04/25/2023 ENDORSED ORDER RE 23 Stipulation of Dismissal. Text of Order: Reviewed. So Ordered by Judge Samantha D. Elliott.(js) (Entered: 04/25/2023)
04/25/2023 Civil Case Terminated. (js) (Entered: 04/25/2023)

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