Diane S. Brown Bell, on behalf of herself and all others similarly situated v. The Bryant Company, Inc.

OPINION

FRIEDLANDER, Judge.

Diane S. Brown Bell appeals the grant of a motion to dismiss filed pursuant to Indiana Trial Rule 12(B)(6), dismissing her class action complaint against The Bryant Company, Inc. (Bryant) on grounds that it failed to state a claim upon which relief could be granted. Bell presents two issues for review, which we restate as follows:

1. Did the trial court err in granting Bryant's motion to dismiss?

2. Does Bell's complaint state a claim that may be certified as a class action?

We reverse and remand.

As we will explain below, in addressing this appeal, we will take as true…