MacDonald v. B.M.D. Golf Assoc

4 Citing cases

  1. State v. Pennock

    168 N.H. 294 (N.H. 2015)   Cited 9 times

    Platt testified that the victim was "shaking," and that her "voice was filled with emotion," which shows that she remained upset by the physical altercation with the defendant. SeeMacDonald v. B.M.D. Golf Assocs., 148 N.H. 582, 585, 813 A.2d 488 (2002). The photographs further support the finding.

  2. Murray v. Developmental Svcs. of Sullivan Cty

    149 N.H. 264 (N.H. 2003)   Cited 11 times
    Holding that, although it was improper for the plaintiffs to ask the jury to "send a clear message" with its verdicts in closing argument, the trial court sustainably exercised its discretion by not giving an immediate curative instruction and instead later instructing the jury that it should not award a verdict to punish the defendant and that the plaintiffs had to prove the defendant caused their injuries

    Scontsas v. Citizens Insurance Co., 109 N.H. 386, 388 (1969). Pre-trial discovery and the admissibility of evidence are generally within the discretion of the trial court, however, and we will uphold its rulings unless the exercise of its discretion is unsustainable. Petition of Haines, 148 N.H. 380, 381 (2002); MacDonald v. B.M.D. Golf Assocs., 148 N.H. 582, 584, 813 A.2d 488, 490 (2002). To meet this threshold, the defendant must demonstrate that the trial court's ruling was clearly untenable or unreasonable to the prejudice of its case.

  3. State v. Pepin

    156 N.H. 269 (N.H. 2007)   Cited 25 times
    Concluding that threat made five months before charged event was not so distant in time as to eliminate the nexus between them

    "The timing of the statement is only a factor to be considered," however. MacDonald v. B.M.D. Golf Assocs., 148 N.H. 582, 585, 813 A.2d 488 (2002). More importantly, "there is no requirement that the crime be the startling event."

  4. Madeja v. MPB Corp.

    149 N.H. 371 (N.H. 2003)   Cited 35 times
    Holding that plaintiff in RSA 354-A retaliation case establishedprima facie case by producing evidence that she filed a sexual harassment complaint and was terminated eight days later

    We review the trial court's rulings on admissibility of evidence for an unsustainable exercise of discretion, reversing only if the rulings are clearly untenable or unreasonable to the prejudice of the defendant's case. See MacDonald v. B.M.D. Golf Assocs., 148 N.H. 582, 584 (2002);cf. Lambert, 147 N.H. at 296.