Precourt et al v. Fairbank Reconstruction Corp. et al

Filing 140

ORDER. Precourt is directed to notify the court of her intentions regarding Counts IV, VI, VII, IX, X, and XIII within seven days of the date of this order. So Ordered by Magistrate Judge Landya B. McCafferty.(kad)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Lori Precourt, Administrator
of the Estate of Carolyn Black
v.

Civil No. 10-cv-337-LM

Fairbank Reconstruction Corp.,
d/b/a Fairbank Farms; Greater
Omaha Packing Company, Inc.; and
Shaw’s Supermarkets, Inc.

O R D E R
Precourt has been granted summary judgment on her claims
for strict products liability against both Fairbank and Shaw’s.
Fairbank and Shaw’s have opined that that judgment for Precourt
on Counts I and II moots her claims against them for breach of
warranty (Counts IV and VI), negligence (Counts VII and IX), and
violation of the New Hampshire Consumer Protection Act (Counts X
and XIII).

See Defs.’ Resp. (doc. no. 84), at 6.

time, Fairbank and Shaw’s deny negligence.

At the same

See id.

In her pretrial statement, under “Plaintiff’s Written
Waiver of Claims,” Precourt entered “Not Applicable.”
126, at 7.

Doc. no.

Yet, both Precourt’s pretrial statement and the

pretrial statement submitted by Fairbank and Shaw’s characterize
the case as raising only the following issues:
1.

What are the damages owed by Fairbank and Shaw’s
to the Estate of Carolyn Black for Ms. Black’s

conscious pain and suffering, mental anguish,
medical bills and expenses, burial expenses and
wrongful death; and
2.

Whether it is more likely true than not true that
the E. coli O157:H7 that sickened Ms. Black
originated at GOPAC.

Id. at 3; Defs.’ Final Pretrial Statement (doc. no. 131), at 3.
That statement of the case certainly makes it sound as if
Precourt is no longer pursuing her warranty, negligence, and CPA
claims against Fairbank and Shaw’s.

In the run-up to trial, the

court would benefit from having a clearer impression of
Precourt’s case.

Accordingly, Precourt is directed to notify

the court of her intentions regarding Counts IV, VI, VII, IX, X,
and XIII within seven days of the date of this order.
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
March 9, 2012
cc:

Paula J. Clifford, Esq.
Christopher P. Dombrowicki, esq.
Andrew D. Dunn, Esq.
Stephen P. Ellenbecker, Esq.
D. Patterson Gloor, Esq.
Robert E. Mazow, Esq.
Brian D. Nolan, Esq.
Stephen J. Schulthess, Esq.
Shawn K. Stevens, Esq.
Ralph A. Weber, Esq.
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