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08/31/87 EZZAT E. MAJD POUR v. BASIC AMERICAN

Filed: August 31, 1987.

EZZAT E. MAJD POUR, APPELLANT,
v.
BASIC AMERICAN MEDICAL, INC., APPELLEE



APPEAL FROM THE SUPERIOR COURT, The Honorable Gerald S. Zore, Judge, Cause No. S785-1424.

Miller, P.j., Shields, P.j., and Young, J. Concur.

Author: Miller

MILLER, P.J.

In January of 1983, Dr. Ezzat Majd Pour, an Indianapolis physician, moved to Georgiana, Alabama and began working for Basic American Medical, Inc. (American). Three months later, on April 30, American terminated Majd Pour's employment. More than 2 years later, on November 8, 1985, Majd Pour filed suit against American in the Marion County Superior Court.[Footnote 1] American moved to dismiss the action under Ind. Rules of Procedure, Trial Rule 12(b)(6) for failure to state a claim because the action had been filed beyond the two year period allowed for oral employment contracts under the statute of limitations. The trial court dismissed the action, and Majd Pour appealed. On August 6, 1986, this court dismissed that appeal because a final judgment had not been entered by the trial court. After the trial court entered a judgment of dismissal with prejudice on December 8, 1986, Majd Pour perfected this appeal and we, finding error, reverse.

FACTS

Because this action was dismissed under T.R. 12(b)(6) for failure to state a claim, we must treat all allegations of the complaint as true. Thiele v. Department of Highways (1985), Ind.App., 472 N.E.2d 1274. We therefore adopt the facts as set forth in Majd Pour's complaint.

Majd Pour alleged that he entered into an employment contract with American in 1983. As part of his complaint, Majd Pour included a writing addressed to him and signed by Joe L. Scott, a senior vice president of American. Majd Pour alleged this letter set forth the terms of the contract as follows:

"December 23, 1982 Majd Pour further alleges he accepted this contract of employment by moving to Georgiana, Alabama and setting up a medical practice. Finally, Majd Pour alleges American breached the contract by terminating him prior to its expiration.

Ezzat E. Majd Pour, M.D.

8460 North Central Avenue

Indianapolis, IN 46240

Dear Dr. Majd,

We were most pleased to hear you had passed the oral medical licensure examinations in the state of Alabama and will soon be opening your practice in Georgiana, Alabama.

Pursuant to an earlier conversation, our participation in helping you establish your medical practice will be as follows:

1) Your starting date in Georgiana, Alabama will be January 5, 1983.

2) Basic American Medical, Inc. guarantees you seven thousand ( $7,000.00) dollars per month for the first year beginning January 5, 1983. During the first year, we will keep all collected office charges generated by you until such time as we have collected a total of eighty four ( $84,000.00) thousand dollars. All collected charges above eighty four ( $84,000.00) will be yours as additional income.

3) Basic American Medical, Inc. will be responsible for moving you to Georgiana. We will pay the lowest estimate of the ...


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