Guzman v. Barth

Denise A. Guzman appeals the district court’s sustaining of a demurrer to her amended petition for damages as a result of being bitten by a dog owned by James Barth on Barth’s property.

SCOPE OF REVIEW

In considering a demurrer, a court must assume that the pleaded facts, as distinguished from legal conclusions, are true as alleged and must give the pleading the benefit of any reasonable inference from the facts alleged, but cannot assume the existence of facts not alleged, make factual findings to aid the pleading, or consider evidence which might be adduced at trial. SID No. 57 v. City of…