Young v. Abalene Pest Control Services, Inc.

Because the trial court granted Abalene’s motion to dismiss, we must assume that all the facts pleaded by the plaintiffs are true, and construe all inferences from those facts favorably to the plaintiffs. Morgenroth & Assoc’s, Inc. v. Town of Tilton, 121 N.H. 511, 516, 431 A.2d 770, 773 (1981). “If the facts as alleged would constitute a basis for legal relief, the motion to dismiss should be denied.” Royer Foundry & Mach. Co. v. N.H. Grey Iron, Inc., 118 N.H. 649, 651, 392 A.2d 145, 146 (1978).

A defendant can be held liable for negligence only if he owes the plaintiff a duty to conform his…