Plourde Sand & Gravel v. JGI Eastern, Inc.
New Hampshire Supreme Court
154 N.H. 791 (2007)
- Written by Heather Whittemore, JD
Facts
Plourde Sand & Gravel Co. (Plourde) (plaintiff) was hired by a subcontractor to supply gravel for a roadway in Pembroke, New Hampshire. JGI Eastern, Inc. (JGI) (defendant) was hired by an engineering company to test the gravel and determine whether it met Pembroke’s requirements. Plourde and JGI did not have a contractual relationship, because they were independently hired by different parties. JGI determined that the gravel did not meet Pembroke’s requirements. The subcontractor ordered Plourde to remove and replace the gravel at its own expense. After Plourde removed the original gravel, it tested the gravel and determined that it met Pembroke’s requirements. Plourde filed a negligence lawsuit in state court against JGI, alleging that JGI negligently tested the gravel and that, because of JGI’s negligence, Plourde incurred economic losses. JGI moved to dismiss the case, arguing that the economic-loss doctrine barred Plourde’s lawsuit. The district court dismissed the case. Plourde appealed.
Rule of Law
Issue
Holding and Reasoning (Hicks, J.)
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