FILED IN MY OFFICE

DISTRICT COURT CLERK

1112412014 1:18:55 PM
\AELDON J. NEFF
Denise Lucero

STATE OF NEW ME,XICO

ELEVENTH JUDICIAL DIST'RICT COUR.T
COIJNTY OF SAN JUAN
JENESSA MARIE h{CCALLISTER HILL as parent
and guardi an o f AIDEN i\4CCAi-l.l S'[ER- WE ETI'I,

Flaintiff,

vs.

NP-1116-CV-2014-01162

CITY OF FARMINGTON, NEW MEXICO

Defendant.

COMPLAINT T'OR DAMAGES FOR PERSONAL NI'JLIRY

UFIpER.TEE NEW ME)ilCO TORT CLAT]WS ACT
COMES NOW the Plaintifi Jenessa Marie McCallistet

Hill

as parent and guardian

of

Aiden McCallister-Weeth, hereinafter "the child" by and through Jack L. Fortner of Fortner,

& Quail, LLC

Curnutt

and for the claim against the DefendanL Clty of Farmington states as

follows:

1. Plaintiffis

2.

a resident of the State of

New Mexico, County of San Juan'

The City of Farmington, is a Municipality, a loeal government entity, and a politicai

subdivision of the State ofNew Mexico, with its principal offices loeated in Farmington, New

Mexico, {the "Defendant") and at all times material acted through its agents, servants and
ernployees in the course and scope of employrrent n'ith and in furtherance of the business

of

defendant for which defendant is liable under the New lvlexico Tort Claims AcL N.M.S.A. Section

4l-4-l et seq. (1978).

3.

On or about f.iovember 25.2012, the Defendant through its employees at the

Farrnington Animal Shelter w'as at the Petco Pet Shop, located in Farmington, New Mexico.

4.

That the Defendant was in the Petco Pet Shop shorvcasing two adoption dogs, one

of

which was an adult mail Rofira'eiler-Mix, weighing approximatoly 50 pounds.

5. At

the Petco Pel Shop, an adoption table was .set up by the entrance of the building, with

trvo amployees of the Defendant, who work at the Farmington Animal Shelter, both sitting at the
table.

6. At thal time,
see, to pet, and to

7. At

both animals ware on a leash next to the table, available to the pubiic ta

try and be adopted out.

approxirnately 2:2A p.rn the PlatntiffChild r.valked into the Peteo Pet Shop and

immeciiately saw the dogs.

8. After asking permission to pet one of the dcgs,

the child who was six years old at the

time, approached the Rottweiler.

9. The child then kneeled next to the dog, and hegan petting

the dog.

10. Without notice, the dog snapped and bit the chiid on the left side of his face belowttre
eye.
t

1. The child q,as violently attacked and mauled by the Defeudant's dog and was biffen

numerous times on his face.

12. Thatthe Plaintiff/Mother. upon seeing the dog bite, grabbed the child, but the dog
would not release its grip.

13. That eventually, Defendant, through its employee, Ranger Jose Luna of the Farmington
Animal Shelter then was able to puli the dog away li'om the minor child.
14. The attar,k occurred without any invitation or provocation by the PlairtifgChild.
15. As a result of the attack, PlaintiffrChiid required medical attention and treatment.
16. PlaintilT/Child rvill require metiical treatment in the ftture for the injuries to his body,
including scar repair.

17. At all times material herein, the PlaintifU-Child's darnages u,ere caused by the
Defendant's acts, and omissions.

18. That the Def'endant was negligent and the Defendant is lia.ble and immunity has been
u'aired under NMSA Section 41-4-l through Sections 4l-4-29 throughout the Act and was
negligent as foilows:

a.

Under Section 4l-4-6.

b-v

failing to:

Properl,v house and/or operate and/or maintain the building or place *.here

the dog rvas to be locate.d, in that it knew or shouid have known that this
type of dog

ra,as

vicious and dangerous and alsc should have taken

resson&ble measures to insure that any person coming in contact with the

dog would be duly *,arned of tlre propensity for the violence of this t1,pe of
dog;

Failing to properly secure the dog, especially in light of the fact that the dog
would be present at a public business, and the Defendant knew that the dog
rvas easill, spooked by loud noises;

Failing to spend more time with the dog before showing the dog to
determine the extent of its violent nature, especially considering the type

of

dog it rvas,

b.

Llnder Section 4l-4-12

as the Ranger was

working as a iaw enforcement

officer while acting within the scope of his duties, and was also negligent in
the above acts.

19. That pwsuant to New Mexico Law, on December |fr,2012,

Notice of Tort Claim

was sent to the flefendant, City of Farmington, and acknowledged by the Defendant on December

tt ,2012.
WI-IEREFORE, i'laintiffs respectir:ily request this Court enter Judgment for Plaintiffs for
a1l damages,

including bu1 not limited to past rnedical expenses, future mcdical expenses, past pain

a::d suffering, ioss of enjoyinent

of iife. and any sll other damages from the Defendant/Child'.s

irjurtes and lor such other amounts this courl deems fair and proper.

FORTNER, CURNUTT & QTIAIL, LLC

Atftrrneys at Laur
P.0. tsox 1960
Farmington, NM 87499
(s05i 326-1817
Fax (505) 326-1905

fur Plaintiffis