Scott Kukesh & a. v. Beverly P. Mutrie, Individually and as Trustee of the Beverly P. Mutrie Revocable Trust

Summary

The Supreme Court of New Hampshire affirmed dismissal of four police officers' claims against Beverly P. Mutrie arising from injuries inflicted by her adult son during execution of a search warrant. The court held that the claims were barred by New Hampshire's Firefighter's Rule because the plaintiffs did not establish reckless, wanton, or willful misconduct, causation, or a duty arising from Mutrie's ownership of the property and support of her adult son. The court also rejected the plaintiffs' challenges concerning discovery and consideration of facts outside the writ.

Holdings

1. The plaintiffs' claim was barred by the Firefighter's Rule because they failed to allege facts establishing that the defendant engaged in reckless, wanton, or willful misconduct that caused their injuries.
2. The defendant's ownership of the residential property and alleged provision of housing, cars, and financial assistance did not constitute a special circumstance creating a duty to protect the plaintiffs from her adult son's criminal act.
3. The trial court did not err by considering supplemental factual allegations because the plaintiffs themselves submitted the additional facts, acquiesced in the procedure, and received the benefit of having their affirmative allegations accepted as true and viewed favorably.
4. The trial court did not unsustainably exercise its discretion by denying the motion to compel and quashing the subpoena for telephone records.

Questions Presented

1. Whether the plaintiffs' claim fell within the reckless, wanton, or willful misconduct exception to New Hampshire's Firefighter's Rule.
2. Whether the trial court erred by considering factual allegations outside the writ when ruling on the motion to dismiss.
3. Whether the trial court abused its discretion in limiting discovery and quashing a subpoena for the defendant's telephone records.
4. Whether the defendant's ownership of the property and alleged provision of housing, cars, financial assistance, or weapons created a duty to protect the plaintiffs from her adult son's criminal conduct.

Disposition

affirmed