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BARNES v. BARNES

No. 66S03-9211-CV-927.

603 N.E.2d 1337 (1992)

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

Supreme Court of Indiana.

November 23, 1992.

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.

Theodore Lockyear, Lockyear & Kornblum, Evansville, Sally F. Goldfarb, Lynn Hecht Schafran, Alison Wetherfield, NOW Legal Defense and Education Fund, New York City, for amici curiae, NOW Legal Defense and Education Fund, Indiana Nat. Organization for Women, Ass'n of Sexual Abuse Prevention Professionals, Equal Rights Advocates, the Men's Anti-Rape Resource Center, the Nat. Ass'n of Social Workers, the Nat. Coalition Against Domestic Violence, the Nat. Network for Victims of Sexual Assault, the Nat. Victim Center, the Northwest Women's Law Center, Trial Lawyers for Public Justice, and the Women's Law Center, Inc.

P. Gregory Cross, Cross, Marshall, Schuck, DeWeese, Cross & Feick, P.C., Muncie, for amicus curiae, Indiana Trial Lawyers Ass'n.

DICKSON, Justice.

Plaintiff-appellee seeks transfer following the decision of the Court of Appeals applying an absolute rule of parental tort immunity to reverse a judgment and order the dismissal of her damage action against her father alleging assault and rape. We grant transfer.

Plaintiff-appellee Polly Anna Barnes, the natural daughter of Margaret Barnes and defendant-appellant John E. Barnes, III, alleges that during 1985, when she was fifteen years of...

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