Lopez Ex Rel. Lopez v. Maez

OPINION

RIORDAN, Justice.

Plaintiff, Garcedon Lopez (Lopez) brought this action on behalf of himself and his family, alleging that defendant, Alfonso Martinez (Martinez), a liquor licensee, was negligent by selling intoxicating liquor to defendant, Steven Maez (Maez), who subsequently caused an automobile collision in which damages claimed by Lopez were sustained. The trial court dismissed Lopez’ complaint as to Martinez for failure to state a claim upon which relief could be granted. N.M.R.Civ.P. 12(b)(6), N.M.S.A.1978 (Repl. Pamp.1980). The Court of Appeals reluctantly affirmed the trial…