Deborah Hogan & a. v. Pat's Peak Skiing, LLC, 168 N.H. 71

On February 4, 2012, both Hogan plaintiffs fell from a ski chairlift at Pat's Peak Skiing, LLC, and were treated for injuries; incident reports were created by the ski patrol.
The plaintiffs mailed notice to Pat's Peak on May 3, 2012 by certified mail, which was delivered to the defendant on May 10, 2012 and arrived at the ski area post office on May 5, 2012.
The plaintiffs filed suit on December 3, 2013 seeking damages for negligence, recklessness, and loss of consortium.
Pat’s Peak moved to dismiss, arguing the notice was not provided within 90 days of the injury as required by RSA 225-A:25, IV, because the notice arrived after the 90th day.
The trial court granted the motion to dismiss; on appeal the central question was whether the statutory phrase 'shall be notified' is satisfied by notice mailing or by actual receipt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether notice is effective upon mailing or upon receipt	Notice is effective when mailed (May 3, 2012).	Notice is effective only upon receipt (May 5, 2012).	Notice is effective upon mailing under RSA 225-A:25, IV.

Appeal of Local Gov’t Ctr., 165 N.H. 790 (2014) (statutory interpretation and analysis framework)
State v. Costella, 166 N.H. 705 (2014) (addressing interpretive principles and policy considerations)
United States v. Howe, 167 N.H. 143 (2014) (interpreting legislative intent and ambiguity in statutes)
Opinion of the Justices, 126 N.H. 554 (1985) (avoid absurd results in statutory construction)
Call v. Alexander Coal Co., 457 N.E.2d 356 (Ohio Ct. App. 1983) (notice effective when deposited in the mails under specified methods)