Cram v. Howell

On Petition To Transfer

DICKSON, Justice.

Finding that a physician owed no duty of care to an unknown person allegedly injured by the physician’s treatment of a patient, the Court of Appeals affirmed the trial court’s dismissal of a medical malpractice complaint under Indiana Trial Rule 12(B)(6). Cram v. Howell, 662 N.E.2d 678 (Ind.Ct.App.1996). We granted transfer and now reverse the dismissal.

In reviewing a dismissal under Trial Rule 12(B)(6), an appellate court must determine whether, in the light most favorable to the plaintiff and with every inference drawn in his favor, the complaint…