Moffitt v. Auberle

Singer, Presiding Judge.

{¶ 1} This appeal comes to us from a judgment issued by the Lucas County Court of Common Pleas, which dismissed appellant’s complaint for failure to state a claim pursuant to Civ.R. 12(B)(6). Because we conclude that the trial court erred in dismissing the complaint, we reverse.

{¶ 2} Appellant, Brenda Moffitt, filed suit against appellee, Dr. James Auberle, alleging negligence when he or his employees failed to send notice to her employer that she was medically unable to attend work. Appellant’s complaint alleges that after providing medical treatment to her, appellee…