Kline v. United States

MEMORANDUM

CALDWELL, District Judge.

I. Introduction

Before the court for disposition is a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b). The motion was filed on behalf of defendant Harry V. Pfautz, D.O., a private physician who allegedly rendered medical treatment to plaintiff Mark T. Kline between February 8 and 15, 1982. For the reasons discussed hereinafter, the motion is denied.

II. Background

Plaintiffs are a husband and wife whose complaint, filed on February 7, 1984, names four defendants whom plaintiffs contend administered or were responsible for the administering…