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Dentist’s reputation, privacy and identity are not chattel under T.R. 75(A)(2)

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The Indiana Court of Appeals decided that the preferred venue of a woman’s lawsuit against her ex-boyfriend alleging defamation and other claims is in Marion County where the man resides and not in Lake County where she works. The opinion hinged upon whether there were chattels involved.

Catherine Kroczek and William Belcher dated for a few months in 2012 but broke up in September of that year. While dating, she told Belcher she had the herpes simplex virus. After they broke up, Belcher mailed letters to the dentistry offices where Kroczek worked, telling her employers and colleagues she had herpes and had infected “only a few people.” He also registered her on several websites without her knowledge regarding her health status.

She sued Belcher in Lake County, alleging he committed defamation per se, invasion of privacy, disclosure of private facts, intentional infliction of emotional distress, identity theft and tortuous interference with a business relationship. He filed a motion to transfer to Marion County, where he lived, which was denied.

Kroczek claimed her reputation, privacy, identity and goodwill are intangible personal chattels under Trial Rule 75(A)(2), thus supporting Lake County as the preferred venue.

The courts have previously found the right to publicity or a money judgment is intangible personal chattel, but those rights are transferrable. But reputation, privacy and identity are not transferrable, Chief Judge Nancy Vaidik wrote in William M. Belcher v. Catherine Kroczek, D.D.S., 45A03-1311-CT-436. They are inherently different from patents, money judgments and publicity rights, so they are not chattels.

Goodwill may qualify as a chattel, but it can’t serve as the basis for preferred venue in this case because it does not allege an injury to enterprise goodwill, which is a business asset.

Belcher is entitled to transfer venue to Marion County based on his residence, the COA held.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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