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Wednesday, November 23, 2005
Ind. Decisions - Two from Court of Appeals today, one involving allegations of abuse by priest, the other a probate matter
In Debra Tucker v. Indiana Roman Catholic Diocese of Lafayette, et al, Chief Judge Kirsch affirms the trial court's dismissal of Tucker's amended complaint for failure to state a claim pursuant to Indiana Trial Rule 12(B)(6), concluding:
Tucker claims that Metzger molested her as a child. The abuse Tucker suffered at the hands of Metzger, if as alleged, was extreme and outrageous. However, Tucker’s claims against the Diocese allege, without more, that the Diocese’s intentional actions constituted extreme and outrageous conduct. Tucker fails to allege, however, that it was the Diocese’s intent to emotionally harm Tucker. Tucker has again failed to state a claim upon which relief can be granted.In Terry Baker v. Bert Baker, Pers. Rep. of Estate of James E. Baker, deceased, involving an interlocutory appeal from the probate court’s order denying Terry Baker's motion to dismiss for lack of personal jurisdiction, Judge Sharpnack affirms the lower court.
Posted by Marcia Oddi on November 23, 2005 01:57 PM
Posted to Ind. App.Ct. Decisions