Dawnmarie Greenman v. Port City Nissan, Inc. ( 2023 )


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  •                     THE STATE OF NEW HAMPSHIRE
    SUPREME COURT
    In Case No. 2022-0412, Dawnmarie Greenman v. Port City
    Nissan, Inc., the court on April 10, 2023, issued the following
    order:
    The court has reviewed the written arguments and the record submitted on
    appeal, and has determined to resolve the case by way of this order. See Sup. Ct.
    R. 20(2). The plaintiff, Dawnmarie Greenman, appeals an order of the Superior
    Court (Attorri, J.) granting summary judgment to the defendant, Port City
    Nissan, Inc., on her negligent supervision claim. We affirm.
    In reviewing a trial court’s grant of summary judgment, we consider the
    parties’ affidavits, other evidence, and all inferences properly drawn from them in
    the light most favorable to the nonmoving party. St. Onge v. MacDonald, 
    154 N.H. 768
    , 770 (2007). If there is no genuine issue of material fact, and if the
    moving party is entitled to judgment as a matter of law, the grant of summary
    judgment is proper. 
    Id.
     We review the trial court’s application of the law to the
    facts de novo. 
    Id.
    The plaintiff’s negligent supervision claim rested upon her allegation that
    the defendant’s sales manager observed an alleged assault by the defendant’s
    employee and failed to intervene or otherwise prevent subsequent alleged
    assaults by the employee. The trial court determined that the defendant was
    entitled to summary judgment “because, no matter how it might be construed,”
    the deposition testimony of the general manager “regarding the date on which he
    learned of Plaintiff’s allegations cannot support a finding that [the sales manager]
    observed” the first of the alleged assaults. The trial court concluded that the
    plaintiff’s reliance upon her speculation that the sales manager observed the first
    alleged assault was insufficient to defeat the defendant’s summary judgment
    motion. See Burnap v. Somersworth Sch. Dist., 
    172 N.H. 632
    , 636 (2019)
    (observing that granting summary judgment to the defendant “is appropriate if
    the plaintiff rests merely upon conclusory allegations, improbable inferences, and
    unsupported speculation” (quotation omitted)).
    As the appealing party, the plaintiff has the burden of demonstrating
    reversible error. Gallo v. Traina, 
    166 N.H. 737
    , 740 (2014). Based upon our
    review of the trial court’s well-reasoned order, the plaintiff’s challenges to it, the
    relevant law, and the record submitted on appeal, we conclude that the plaintiff
    has not demonstrated reversible error. See 
    id.
    Affirmed.
    MacDonald, C.J., and Hicks, Bassett, Hantz Marconi, and Donovan, JJ.,
    concurred.
    Timothy A. Gudas,
    Clerk
    2
    

Document Info

Docket Number: 2022-0412

Filed Date: 4/10/2023

Precedential Status: Non-Precedential

Modified Date: 11/12/2024