Supreme Court of New Hampshire, 1979

Fanny v. Pike Industries, Inc.

Fanny v. Pike Industries, Inc.
Supreme Court of New Hampshire · Decided February 28, 1979
119 N.H. 108; 398 A.2d 841; 1979 N.H. LEXIS 247

Fanny v. Pike Industries, Inc.

Opinion of the Court

Memorandum Opinion

This is an appeal from the granting of defendant’s motion for non-suit. Plaintiff’s exception was transferred by DiClerico, J.

On June 13, 1974, the plaintiff, then fourteen, was operating a mini-bike, an off-highway recreational vehicle (OHRV), on State land. The defendant was constructing alterations to a highway interchange and the plaintiff alleged that the defendant negligently failed to warn and erect appropriate barriers which would have prevented the plaintiff from driving into a culvert and injuring himself. At trial the defendant moved for a nonsuit at the end of plaintiffs opening statement. The motion was granted after the trial court determined that there was no duty owed by the defendant to the plaintiff.

*109Subject to certain exceptions, RSA 212:341 provides that a lessee or occupant of premises “owes no duty of care to keep such premises safe for . . . OHRVs as defined in RSA 269-C . . . Plaintiffs opening statement did not bring him within any of the exceptions. See, e.g., RSA 212:34 III. Furthermore, RSA 269-C:6 II provides that no one shall operate an OHRV “upon any portion of the right-of-way of any public way.” We find no error.

Exception overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.