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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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