Vega v. Morris

OPINION

VOSS, Judge.

Robert Vega (“Plaintiff”) appeals from the trial court’s order dismissing with prejudice his tort action against Gregg Morris and others (“Defendants”). We reverse the dismissal and remand to the trial court for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

When reviewing a dismissal for failure to state a claim upon which relief may be granted, this court assumes the truth of the allegations in the complaint and will uphold the dismissal only if the plaintiff is not entitled to relief under the facts stated in the complaint. See Menendez v. Paddock…