APRIL 2002 SITTING OF THE SUPREME COURT

Kenneth R. Chaffee, M.D. v. Heather L. Seslar

Thursday, April 4, 2002 at 9:30 a.m.

After a sterilization procedure performed by Defendant, Plaintiff became pregnant and gave birth to a healthy child. Plaintiff asserts that Defendant committed medical malpractice. The Dekalb Circuit Court held that Plaintiff could recover child-rearing expenses if she prevails. The Court of Appeals affirmed, see Chaffee v. Seslar, 751 N.E.2d 773 (Ind. Ct. App. 2001), and Defendant seeks transfer of the appeal to the Supreme Court.

Attorneys for Chaffee

Edward L. Murphy, Jr.

Diana C. Bauer

Fort Wayne, IN

Attorney for Seslar

John C. Grimm

Auburn, IN

Estate of Eryk T. Heck v. Raymond E. Stoffer, et al.

Thursday, April 11, 2002 at 9:30 a.m.

The Estate of Heck filed a wrongful death action against the Stoffers alleging that Heck, a deputy sheriff, was shot by the Stoffers’ adult son with a handgun owned by the Stoffers. The Allen Circuit Court dismissed the wrongful death complaint. A divided Court of Appeals affirmed, concluding in part that under the facts plead, the Stoffers did not owe Heck a duty of care. See Estate of Heck v. Stoffer, 752 N.E.2d 192 (Ind. Ct. App. 2001). The Supreme Court has granted transfer.

Attorneys for Estate of Heck

Holly A. Brady

John C. Theisen

Fort Wayne, IN

Attorneys for Raymond and Patricia Stoffer

Jeffrey P. Smith

David K. Hawk

Fort Wayne, IN

Attorneys for Ray Stoffer & Son Construction, Inc.

Thomas W. Belleperche

Brian L. England

Fort Wayne, IN

Gustovo Cuy v. State of Indiana

Thursday, April 25, 2002 at 9:30 a.m.

Gustovo Cuy was convicted of child molestation in the Marion Superior Court. His conviction was affirmed by the Court of Appeals. Guy (sic) v. State, 775 N.E. 2d 248 (Ind. Ct. App. 2001). Cuy seeks transfer of jurisdiction to the Indiana Supreme Court.

Attorney for Cuy

Aaron E. Haith

Marion County Public Defender

Indianapolis, IN

Attorney for State

Joseph A. Samreta

Deputy Attorney General

Indianapolis, IN