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BARNES v. BARNES

No. 66A03-8910-CV-440.

566 N.E.2d 1042 (1991)

John E. BARNES, III, Appellant (Defendant below), v. Polly Anna BARNES, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

February 19, 1991.

Attorney(s) appearing for the Case

Peter J. Rusthoven, Stanley C. Fickle, Michael A. Klein, Barnes & Thornburg, Indianapolis, Thomas C. Sopko, John C. Firth, Thomas C. Sopko Associates, South Bend, for appellant.

Charles R. Vaughan, Kelly Vaughan Busch, Cynthia L. Garwood, Vaughan and Vaughan, Lafayette, Courtney B. Justice, Elizabeth A. Justice, Logansport, for appellee.

STATON, Judge.

John E. Barnes, III appeals an adverse judgment for $3,250,000 in compensatory and punitive damages raising the following issues for our consideration:

I. Whether the trial court erred in failing to dismiss this action pursuant to the parental immunity rule for failure to state a claim upon which relief can be granted. II. Whether the trial court erred in barring testimony and discovery relating to other alleged rapes of the plaintiff...

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