N.m., a Minor Child, by and Through Maria Lopez, His Mother and Next Friend, and Maria Lopez

Summary

The court held that the dog owner owed no duty of care to the child because the negligence claim alleged nonfeasance and did not plead a special relationship between the parties. The court distinguished cases involving direct physical injuries caused by dangerous animals and affirmed dismissal under either the former or current pleading standard. The case was remanded for further proceedings consistent with the opinion.