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On April 18, 2007, P gave birth to Kameryn. On April 27, 2007, April 29, 2007, May 11, 2007, and May 22, 2007, P presented Kameryn to D for care pursuant to orders from Dr. Kara Fess. On May 31, 2007, Kameryn exhibited signs and symptoms of a serious illness. Unable to reach Dr. Fess, P called D and asked to speak to a medical professional for advice about Kameryn's symptoms. The operator transferred the call to an individual in the emergency room. P told this unknown individual that Dr. Fess, the child's primary pediatrician, could not be reached. P then described Kameryn as a six-week-old with a high temperature who was very fussy, unable to sleep, and refusing to eat. P was told that she was overreacting and to administer Tylenol and give Kameryn tepid baths. The individual was unsure of the proper dosage of Tylenol and, as such, instructed P to contact a pharmacy. P was told that the symptoms described did not require immediate medical attention and to follow up with Dr. Fess in the morning. P was told that D did not have the equipment or medical personnel to provide medical services to infants. P postponed seeking medical treatment for Kameryn until Dr. Fess's office opened at 8 a.m. on June 1, 2007. Dr. Fess sent the child to the emergency room as the child was septic. A lumbar puncture was performed, a chest X-ray was performed and they administered intravenous fluids and oxygen. Within an hour Kameryn was transferred to St. Francis Medical Center to receive a higher level of specialized medical treatment. Kameryn was treated for bacterial meningitis. He died on June 15, 2007. Ps sued D. D moved to dismiss because no relationship existed between the decedent and D and D owed no duty. The trial court granted D's motion to dismiss. Ps appealed.

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