ESTATE OF HECK EX REL. HECK v. STOFFER

No. 02S03-0202-CV-125.

786 N.E.2d 265 (2003)

ESTATE OF Eryk T. HECK, By Personal Representative Donald Heck, Appellant (Plaintiff Below), v. Raymond E. STOFFER, Patricia Stoffer and Ray Stoffer & Son Construction, Inc., Appellee (Defendant Below).

Supreme Court of Indiana.

April 7, 2003.


Attorney(s) appearing for the Case

John C. Theisen, Mark C. Garvin, Holly A. Brady, Barnes & Thornburg, Fort Wayne, IN, Attorneys for Appellant.

Thomas W. Belleperche, Brian England, Hunt Suedhoff Kalamaros LLP, David K. Hawk, Jeffery P. Smith, Hawk, Haynie, Kammeyer & Chickedantz, Stephen J. Harants, Miller, Carson, Boxberger & Murphy, LLP, Fort Wayne, IN, Attorneys for Appellee.

Philip W. Horton, Stephen K. Marsh, Mara V.J. Senn, Gillian C. Wood, Arnold & Porter, Dennis A. Henigan, Daniel Vice, Brady Center to Prevent Gun Violence, Legal Action Project, Washington, DC, Lukas I. Cohen, Meyer & Wyatt, P.C., Gary, IN, David E. Vandercoy, National Rifle Association, Valporaiso, Attorneys for Amicus Curiae.


SHEPARD, Chief Justice.

With a handgun taken from his parents' home, fugitive felon Timothy Stoffer shot and killed Allen County Police Officer Eryk Heck. Officer Heck's Estate brought suit against Timothy's parents, Raymond and Patricia, and their family business, Stoffer Construction, asserting liability for negligent storage of the firearm in a way that afforded Timothy access to it.

The trial court and Court of Appeals both held that the plaintiff's complaint...

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