¶1dissenting.
¶2Defendant’s motion for summary judgment is based in part upon his earlier Rule 12(b) (6) motion to dismiss for failure to state a claim upon which relief can be granted. The trial judge ruled upon the motion to dismiss and treated it as a motion for summary judgment, as is permitted under Rule 12 (b). Upon this view of the trial court’s ruling, I would affirm in part and reverse in part.
¶3In my opinion the factual allegations by the plaintiff and her testimony by deposition disclose, as a matter of law, that the negligence of defendant, if any, was not a proximate cause of the injury to plaintiff’s hand. Therefore, there is an absence of law to support her claim for damages to her hand. To this extent, I vote to affirm the dismissal of her action.
¶4I vote to reverse the dismissal of plaintiff’s action insofar as it relates to her claim for damages to her property (her dog).