N.M. Ex Rel. Lopez v. Trujillo

¶1 While walking past respondent Alexander Trujillo’s home on his way to the playground at Dupont Elementary School, petitioner N.M. became frightened when Trujillo’s two pit bulls rushed at the front-yard fence. Although the dogs did not get out of the yard or touch N.M., N.M., in his fright, ran across the street and was struck by a passing van, which seriously injured him.

¶2 N.M., by and through his parent and legal guardian, Maria Lopez, and Lopez, in her individual capacity (collectively, “N.M.”), sued Trujillo for, as pertinent here, negligence. Trujillo moved to dismiss that claim,…