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State Ex Rel. Ken Barthelette v. Honorable

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eBook details

  • Title: State Ex Rel. Ken Barthelette v. Honorable
  • Author : Supreme Court of New Hampshire
  • Release Date : January 13, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

This case, presenting issues of "official immunity" and the "public duty" doctrine, arises from the drowning death of Michael J. Brenneisen, a sixteen-year-old boy, while swimming on a Boy Scout expedition in August 1985 at Johnson Shut-Ins State Park. The Black River was swollen during a flash flood and as he swam in the river, Michael was caught by the current and swept to his death. His body was later found caught in a submerged ball of tree roots, and Michaels father, joined by his mother as an intervenor plaintiff, brought a wrongful death action naming the Boy Scouts, the scoutmaster, a park ranger, and relator Ken Barthelette, the Superintendent of Johnson Shut-Ins State Park, as defendants. It was alleged that relator "had a duty to insure the safety of those visiting the Shut-Ins area," and in particular, to warn the boys not to enter the river, to close access to the river and to remove the root ball.


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