William Burke and Heather Gamache Secure a Win in New Hampshire Federal Court

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On June 27, 2017, Bill Burke and Heather Gamache secured a directed verdict in the United States District Court for the District of New Hampshire on behalf of the Hillsborough County 4H Foundation.  In March 2008, the roof of a building owned by the Foundation collapsed under the weight of heavy snow, causing damage to Joseph Bourget’s amusement equipment, which was stored in the building for the winter.  Mr. Bourget, on behalf of Bourget Amusement, sought over $3 million in damages.  The Hon. Judge Steven McAuliffe granted the Foundation’s directed verdict motion on the grounds that, although no signed winter rental agreement existed for the 2007/08 season, the parties entered into a valid contract based on their custom and practice over the five previous winters and that no reasonable jury could find otherwise.  Judge McAuliffe further held that the exculpatory provisions in the contract were enforceable and accepted by Mr. Bourget.