Preview
Filed: 9/9/2022 11:33 AM
Clerk
Allen County, Indiana
ED
STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT
) SS:
COUNTY OF ALLEN ) CAUSE NO. 02D09-2008-PL-000346
CHRISTOPHER M. POGUE, )
)
Plaintiff, )
)
vs. )
)
MONEY FLOW, INCORPORATED, )
AARRON W. SUGGS, DONNA ROCKEY, )
THE ROCK TAVERN A/K/A THE ROCK )
HOWARD JOHNSON, III, )
APRIL FINK and ROBERT KARN, )
)
Defendants. )
THE PRELIMINARY CONTENTIONS, WITNESS AND EXHIBIT LISTS
OF THESE DEFENDANTS MONEY FLOW, INCORPORATED; DONNA
ROCKEY; DEFENDANT STYLED “THE ROCK TAVERN, A/K/A THE
ROCK”; AND APRIL FINK)
I.
Contentions
During the early morning hours of August 24, 2018, while in the “smoking
garden” outside The Rock Tavern at 1916 Broadway in Fort Wayne, Defendant
Aarron W. Suggs shot Plaintiff Pogue. Suggs may have shot Pogue as the result of
an argument which had occurred earlier between the two men. Video evidence
suggests Suggs left the smoking garden and returned later and shot Pogue.
Page 1 of 28
None of these Defendants have any liability to Plaintiff Pogue. The actions
of Defendant Suggs in shooting Plaintiff Pogue were entirely unforeseeable to these
Defendants. They could not prevent an armed Defendant Suggs from committing
this unforeseeable act of violence.
Besides the unforeseeability, Donna Rockey, as the sole shareholder of
Money Flow, Incorporated, is shielded from any personal liability to Plaintiff Pogue.
Defendant April Fink, as the bartender of The Rock at the time of the shooting,
similarly has no individual liability to Plaintiff Pogue. She was in the course and
scope of her employment with The Rock Tavern, and is shielded under Indiana law
from having any personal liability to Plaintiff Pogue.
In sum, Defendant Suggs and Plaintiff Pogue responsibly caused the
unforeseeable shooting. No one else. Thus, these Defendants are entitled to
judgment in their favor.
II.
Witnesses
These Defendants’ (Money Flow, Incorporated, Donna Rockey, Defendant
Styled “The Rock Tavern a/k/a The Rock”, and April Fink) “preliminary witnesses”
may include:
A. Christopher M. Pogue
2317 Maplewood Road
Fort Wayne, Indiana 46819;
Page 2 of 28
B. Aarron W. Suggs
c/o Miami County Correctional Facility
3038 West 850 South
Bunker Hill, Indiana 46914;
C. Robert Karn
1610 West Fourth Street
Fort Wayne, Indiana 46808;
D. April Fink
425 East Wayne Street, Apt. 18
Fort Wayne, Indiana 46802;
E. Donna Rockey
1528 Franklin, Avenue
Fort Wayne, Indiana 46808;
F. Officer Aaron Johnson, I.D. No. #1735
Officer Joel Lengerich, I.D. No. #1967
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
G. Officer Alvin B. Davis, I.D. No. #1938
Officer Thomas E. Vachon, I.D. No. #1538
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
H. Officer Chad S. Schipper, I.D. No. #1802
Officer Dustin Falk, I.D. No. #1941
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
Page 3 of 28
I. Officer Michael McEachern, I.D. No. #1796
Officer Chris Felton, I.D. No. #1829
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
J. Officer James Arnold, I.D. No. #1823
Julie McConnell, I.D. No. #1932
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
K. Sergeant James Haupert, I.D. No. #1652
Officer Lisa Woods, I.D. No. #1721
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
L. Officer David Tinsley, I.D. No. #1754
Officer Larry Richardson, I.D. No. #1814
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
M. Officer Justin Holmes, I.D. No. #1733
Officer Brent Roddy, I.D. No. #1696
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
Page 4 of 28
N. Detective Doug Gillespie, I.D. No. #1856
Officer William Michales, I.D. No. #1533
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
O. Officer Nathan Beagle, I.D. No. #1862
Officer Isaac Wyss, I.D. No. #1989
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
P. Officer Fritz Rommel, I.D. No. #1745
Officer Alan L. Garriott, I.D. No. #1494
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
Q. Officer Shane Coleman, I.D. No. #1583
Officer Shane A. Hopkins, I.D. No. #1592
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
R. Detective James H. King, I.D. No. #1478
Detective Paul Meitz, I.D. No. #1841
Officer Bryan Thurman, I.D. No. #1618
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
Page 5 of 28
S. Officer Kimberly Seiss, I.D. No. #1748
Officer Brian Williams, I.D. No. #1643
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
T. Officer Darrick Engelman, I.D. No. #1628
Officer Christine Armstead, I.D. No. #1741
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
U. Officer Gavin J. Dambra, I.D. No. #1891
Officer Kenneth Johnson, I.D. No. #1593
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
V. Officer Benjamin Bush, I.D. No. #1905
Officer Shannon Hughes, I.D. No. #1784
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
W. Officer Nolan E. Banks, I.D. No. #1409
Officer Anthony Shefferly, I.D. No. #1846
Fort Wayne Police Department
City-County Building
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
Page 6 of 28
X. Stacey R. Hartman
Forensic Scientist EVII
Fort Wayne Regional Laboratory Division
Indiana State Police
5811 Ellison Road
Fort Wayne, Indiana 46804;
Y. Representative(s) of City of Fort Wayne
200 East Berry Street, Suite 470
Fort Wayne, Indiana 46802;
Z. Representative(s) of Fort Wayne Police Department
1 East Main Street, Suite 108
Fort Wayne, Indiana 46802;
AA. Representative(s) of Smith & Wesson Brands, Inc.
2100 Roosevelt Avenue
Springfield, Massachusetts 01104;
BB. Meagan Young
1026 High Street
Fort Wayne, Indiana 46806;
CC. Michael R. Reiff
(current address unknown);
DD. Jacob R. Jeffrey
(current address unknown);
EE. Emil P. Poling
(current address unknown);
FF. April Armstrong
(current address unknown);
GG. Jackie N. Shuler, Jr.
(current address unknown);
Page 7 of 28
HH. Derrick D. Dunbar
(current address unknown);
II. Jacob E. Eicks
(current address unknown);
JJ. Andru Xavier-Kane Roberts
(current address unknown);
KK. Krystal Vigar
(current address unknown);
LL. Austin Jett
(current address unknown);
MM. Chad Brenneke
(current address unknown);
NN. Alyssa Fiscus
(current address unknown);
OO. Marah Bradbury
(current address unknown);
PP. Chris Meihls
(current address unknown);
QQ. Karen S. Richards
Allen County Prosecuting Attorney
Keystone Building, Third Floor
602 South Calhoun Street
Fort Wayne, Indiana 46802;
Page 8 of 28
RR. Jesus R. Trevino
Deputy Prosecuting Attorney
Allen County Prosecutor’s Office
Keystone Building, Third Floor
602 South Calhoun Street
Fort Wayne, Indiana 46802;
SS. Tasha B. Lee
Deputy Prosecuting Attorney
Allen County Prosecutor’s Office
Keystone Building, Third Floor
602 South Calhoun Street
Fort Wayne, Indiana 46802;
TT. Gregory Dowling, M.D.
LHP-Family Medicine
2512 East Dupont Road, Suite 200
Fort Wayne, Indiana 46825;
UU. Adam D. Hall, M.D.
John Paul M. Manalo, M.D.
Fort Wayne Orthopaedics
7601 West Jefferson Boulevard
Fort Wayne, Indiana 46804;
VV. Sara Wetli, PA
Laura Rodriguez, FNP-C
Fort Wayne Orthopaedics
7601 West Jefferson Boulevard
Fort Wayne, Indiana 46804;
WW. Christopher W. LaSalle, M.D.
Orthopaedics Northeast
5050 North Clinton Street
Fort Wayne, Indiana 46825;
Page 9 of 28
XX. David Lutz, M.D.
Fort Wayne Neurological Center
2510 East Dupont Road, Suite 226
Fort Wayne, Indiana 46825;
YY. Physical Therapists and staff personnel
Indiana Physical Therapy
4251 Lahmeyer Road
Fort Wayne, Indiana 46815;
ZZ. EMT’s and staff personnel
Three Rivers Ambulance Authority
525 Hayden Street
Post Office Box 11724;
Fort Wayne, Indiana 46860;
AAA. Jacob Capito, M.D.
Pradeesh M. George, M.D.
Alshaher Motaz, M.D.
Lutheran Hospital
7950 West Jefferson Boulevard
Fort Wayne, Indiana 46804;
BBB. Doctors and staff personnel
Lutheran Hospital
7950 West Jefferson Boulevard
Fort Wayne, Indiana 46804;
CCC. Doctors and staff personnel
Orthopaedic Hospital at Parkview North
11130 Parkview Circle Drive, Suite 7
Fort Wayne, Indiana 46845;
DDD. Doctors and staff personnel
Rehabilitation Hospital of Fort Wayne
7970 West Jefferson Boulevard
Fort Wayne, Indiana 46804;
Page 10 of 28
EEE. Doctors and staff personnel
Parkview Regional Medical Center
11109 Parkview Plaza Drive, Entrance 1
Fort Wayne, Indiana 46845;
FFF. Doctors and staff personnel
Altru Hospital
1200 South Columbia Road
Grand Forks, North Dakota 58201;
GGG. Neena Allaire / Kristin Alves / Stacey L. Hinchliffe
Records Custodian / Billing Coordinator
CVS Pharmacy
One CVS Drive
Woonsocket, Rhode Island 02895;
HHH. Jill Bosch / Cindy Reno
Records Custodian / Billing Coordinator
Walgreens Pharmacy
1901 East Voorhees Street
Post Office Box 4039
MS #735
Danville, Illinois 61834;
III. Tina Enix / Rachel Batterton / Melanie Bennett
Records Custodian / Billing Coordinator
Walmart Pharmacy
702 Southwest 8th Street
Bentonville, Arkansas 72716-0215;
JJJ. Kasey Eckland
Records Custodian / Billing Coordinator
Three Rivers Ambulance Authority
525 Hayden Street
Post Office Box 11724;
Fort Wayne, Indiana 46860;
Page 11 of 28
KKK. Lori Sy / Angela Hall / Shirley Malone
Records Custodian / Billing Coordinator
Lutheran Hospital / Orthopaedic Hospital
7950 West Jefferson Boulevard
Fort Wayne, Indiana 46804;
LLL. Michelle Lewis / May Rodgers / April Gardner
Records Custodian / Billing Coordinator
Emergency Medicine of Indiana
Post Office Box 12617
Fort Wayne, Indiana 46864;
MMM. Patty Doak / Debra E. Lee / Cassidy Myers
Records Custodian / Billing Coordinator
Summit Radiology PC
7221 Engle Road, Suite 220
Fort Wayne, Indiana 46804;
NNN. Michelle Geesey / Jessica Mitchell / Michelle Weaver
Records Custodian / Billing Coordinator
Fort Wayne Orthopaedics
7601 West Jefferson Boulevard
Fort Wayne, Indiana 46804;
OOO. Catharine Roddy / Melissa Dunno / Melissa F. Simpson
Records Custodian / Billing Coordinator
Orthopaedics Northeast
5050 North Clinton Street
Fort Wayne, Indiana 46825;
PPP. Erica Quinones / Megan Wilson
Records Custodian / Billing Coordinator
Indiana Physical Therapy
4251 Lahmeyer Road
Fort Wayne, Indiana 46815;
Page 12 of 28
QQQ. Richard Domenech / Leslie Nelson / Janine S. Schwartz
Records Custodian / Billing Coordinator
Fort Wayne Neurological Center
2510 East Dupont Road, Suite 226
Fort Wayne, Indiana 46825;
RRR. April Campos / Andrea White
Records Custodian / Billing Coordinator
Orthopaedic Hospital at Parkview North
11130 Parkview Circle Drive, Suite 7
Fort Wayne, Indiana 46845;
SSS. Melissa Green / Andrea White / Adam Trammell
Records Custodian / Billing Coordinator
Parkview Hospital / Parkview Regional Medical Center
2200 Randallia Drive
Fort Wayne, Indiana 46805;
TTT. Chris Heyn / Patricia Harker / Sandy Bojrab
Records Custodian / Billing Coordinator
Professional Emergency Physicians
608 Union Chapel Road
Fort Wayne, Indiana 46845-9357;
UUU. Deb Overcash
Records Custodian / Billing Coordinator
Fort Wayne Radiology
Post Office Box 5602
Fort Wayne, Indiana 46895-5602;
VVV. Representative(s)/Records Custodian(s) of Mr. Pogue’s
pre-accident and post-accident healthcare providers;
WWW. All radiologists (identified on radiology reports of Mr.
Pogue);
Page 13 of 28
XXX. Representative(s) of Mr. Pogue’s past and present
employers;
YYY. Jaimi Dohrman
Social Security Administration
2122 Lincolnway Court
Fort Wayne, Indiana 46819;
ZZZ. Disability Interviewer(s)
Disability Determination Bureau / Social Security
Administration
Post Office Box 7069
Indianapolis, Indiana 46207;
AAAA. Disability Reviewer(s)
Disability Determination Bureau / Social Security
Administration
Post Office Box 7069
Indianapolis, Indiana 46207;
BBBB. Disability Examiner(s)
Disability Determination Bureau / Social Security
Administration
Post Office Box 7069
Indianapolis, Indiana 46207;
CCCC. Bradley Vest
Subrogation Recovery Analyst
The Rawlings Company/CareSource
Post Office Box 2000
LaGrange, Kentucky 40031-2000;
DDDD. Christopher M. Nancarrow
Clerk of Allen County
Allen County Courthouse
715 South Calhoun Street, Suite 201
Fort Wayne, Indiana 46802;
Page 14 of 28
EEEE. Any representative of Plaintiff’s social media accounts
needed to verify the authenticity or accuracy of current or
past postings or pictures;
FFFF. Any person necessary to lay the “evidentiary foundation”
for Stanley discounts, write-downs and/or write-offs (at
any governmental agency or private insurer);
GGGG. Any person necessary to lay the “evidentiary foundation”
(for any exhibit listed by the parties);
HHHH. All witnesses listed by the Plaintiff (who are not
specifically objected to by these Defendants);
IIII. All witnesses listed by the Co-Defendant Aarron Suggs
(who are not specifically objected to by these Defendants);
JJJJ. All witnesses listed by the Co-Defendant Howard
Johnson, III (who are not specifically objected to by these
Defendants);
KKKK. All witnesses listed by the Co-Defendant Robert Karn
(who are not specifically objected to by these Defendants);
and
LLLL. Any person needed as a “rebuttal” or “impeachment”
witness.
Neither the “discovery” phase of the lawsuit, nor the investigation of the supposed
“damages” is complete. As such, these Defendants, Money Flow, Incorporated,
Donna Rockey, Defendant Styled “The Rock Tavern a/k/a The Rock”, and April
Fink, reserve the right to add and/or remove witnesses from this “preliminary
witness list”.
Page 15 of 28
III.
Exhibits
These Defendants’ (Money Flow, Incorporated, Donna Rockey, Defendant
Styled “The Rock Tavern a/k/a The Rock”, and April Fink) “preliminary exhibits”
may include:
A. Mr. Pogue’s pre-accident medical records;1
B. Mr. Pogue’s post-accident medical records;
C. The medical records from Gregory Dowling, M.D.;
D. The medical records from LHP-Family Medicine;
E. The medical records from Adam D. Hall, M.D.;
F. The medical records from John Paul M. Manalo, M.D.;
G. The medical records from Fort Wayne Orthopaedics;
H. The medical records from Christopher W. LaSalle, M.D.;
I. The medical records from Orthopaedics Northeast;
J. The medical records from David Lutz, M.D.;
K. The medical records from Fort Wayne Neurological
Center;
1
“Medical records” means the healthcare provider’s chart, correspondence, films, notes, reports,
letters, test results, patient intake history forms, healthcare bills, itemized billing statements,
payment ledger and documents filled-out by the patient, healthcare provider and/or staff. This
definition is not limited to medical doctors (and includes therapists, counselors, dentists,
chiropractors, and the like).
Page 16 of 28
L. The medical records from Indiana Physical Therapy;
M. The medical records from Three Rivers Ambulance
Authority;
N. The medical records from Lutheran Hospital;
O. The medical records from Orthopaedic Hospital at
Parkview North;
P. The medical records from Rehabilitation Hospital of Fort
Wayne;
Q. The medical records from Parkview Regional Medical
Center / Parkview Hospital;
R. The medical records from Altru Hospital;
S. The medical records from CVS Pharmacy;
T. The medical records from Walgreens Pharmacy;
U. The medical records from Walmart Pharmacy;
V. The medical records from Emergency Medicine of
Indiana;
W. The medical records from Summit Radiology PC;
X. The medical records from Professional Emergency
Physicians;
Y. The medical records from Fort Wayne Radiology;
Z. The medical records of each healthcare provider that these
Defendants have listed on their accompanying “witness
list”;
Page 17 of 28
AA. The medical bills and billing statements of each healthcare
provider that these Defendants have listed on their
accompanying “witness list” [reflecting total bill charges,
payments, write-offs and/or adjustments];
BB. All invoices, billing statements and related documents
which show contractual “write-downs” and/or
“reductions” (consistent with Stanley v. Walker, 906
N.E.2d 852 [Ind. 2009]);
CC. Any and all medical records, documents, letters or things
(generated by Mr. Pogue’s healthcare providers);
DD. Any and all medical records, medical bills, billing
statements, documents, letters or things (generated by Mr.
Pogue’s healthcare providers);
EE. Any and all medical bills and billing statements (generated
by Mr. Pogue’s healthcare providers) [reflecting total bill
charges, payments, write-offs and/or adjustments];
FF. Any and all records, documents, letters or things
(generated by Mr. Pogue’s past and present employers);
GG. Mr. Pogue’s past and present employment records
(including pay records, disability records, attendance
records/sheets, wage records, job duties, pre-employment
examinations, absentee calendars, applications,
performance evaluations, disciplinary records/slips, lay-
off slips/reports, restricted duty slips, lay-off notices,
return to work slips, pay records);
HH. All documents/checks/other things evidencing “collateral
source” payments (or workers’ compensation, medical,
health or impairment or disability benefits paid to or on
behalf of Mr. Pogue);
Page 18 of 28
II. Any “Recorded Statement” of Plaintiff, Christopher M.
Pogue (given to an investigator);
JJ. The claim file from CareSource pertaining to the subject
incident (including payments made, medical bills,
correspondence and medical records);
KK. Any and all diagnostic imaging films of Mr. Pogue;
LL. Deposition(s) of Plaintiff (including exhibit(s) attached
thereto) [including any supplemental depositions];
MM. Deposition(s) of Co-Defendant Aarron Suggs (including
exhibit(s) attached thereto) [including any supplemental
depositions];
NN. Deposition(s) of Co-Defendant Howard Johnson, III
(including exhibit(s) attached thereto) [including any
supplemental depositions];
OO. Deposition(s) of Co-Defendant Robert Karn (including
exhibit(s) attached thereto) [including any supplemental
depositions];
PP. Deposition of any Expert Witness;
QQ. The evidentiary deposition(s) of the Defense Expert
Witnesses (taken by the undersigned Defense Counsel);
RR. All discovery and evidentiary depositions taken (and to be
taken) in this lawsuit [together with all exhibits thereto];
SS. Any report of a possible Rule 35 physician(s) (if one either
conducts a Trial Rule 35 Exam [or “records review”]);
Page 19 of 28
TT. All documents and papers signed by Plaintiff (in
connection with the Rule 35 Exam, medical visits,
employment matters, Social Security, and other healthcare
visits);
UU. All radiology reports of Mr. Pogue;
VV. Interrogatory Answers of Plaintiff [all sets and
supplemental];
WW. Interrogatory Answers of Co-Defendant Aarron Suggs [all
sets and supplemental];
XX. Interrogatory Answers of Co-Defendant Howard Johnson,
III [all sets and supplemental];
YY. Interrogatory Answers of Co-Defendant Robert Karn [all
sets and supplemental];
ZZ. Plaintiff’s Federal and State tax returns (with W-2’s and
related financial information) [either filed individually or
jointly];
AAA. Selected portions of the investigation file pertaining to the
subject incident, Incident number #18F100980 from Fort
Wayne Police Department (including narrative reports,
interviews, witness statements, supplemental incident
reports, 911 dispatch records, drawings and/or sketches,
photographs, narrative summaries, Spillman reports,
officers reports, officer supplemental reports, logs,
videotapes, video footage, car videos, surveillance videos,
“fatal or serious accident vehicle conditions from police
data”);
BBB. “Screen Images” pertaining to the subject incident,
Incident Report Number #18F100980 produced from the
Fort Wayne Police Department;
Page 20 of 28
CCC. “Officer’s Reports” pertaining to the subject incident,
Incident Report Number #18F100980 produced from the
Fort Wayne Police Department;
DDD. “Officer’s Supplemental Reports” pertaining to the subject
incident, Incident Report Number #18F100980 produced
from the Fort Wayne Police Department;
EEE. “Interviews” pertaining to the subject incident, Incident
Report Number #18F100980 produced from the Fort
Wayne Police Department;
FFF. “Narrative Summaries” pertaining to the subject incident,
Incident Report Number #18F100980 produced from the
Fort Wayne Police Department;
GGG. “Continuity Records” pertaining to the subject incident,
Incident Report Number #18F100980 produced from the
Fort Wayne Police Department;
HHH. “Crime Scene Entry Form Logs” pertaining to the subject
incident, Incident Report Number #18F100980 produced
from the Fort Wayne Police Department;
III. “Consent to Search Property” pertaining to the subject
incident, Incident Report Number #18F100980 produced
from the Fort Wayne Police Department;
JJJ. Photographs of the subject The Rock a/k/a The Rock
Tavern;
KKK. Aerial photographs of the subject The Rock a/k/a The
Rock Tavern pertaining to the subject accident;
LLL. Security Video Surveillance of the subject incident at The
Rock a/k/a The Rock Tavern;
Page 21 of 28
MMM. Selected portions of the investigation file pertaining to the
subject incident, from Indiana State Police;
NNN. Diagram and/or sketch of the subject incident scene;
OOO. Measurements of the subject accident scene;
PPP. “Google Earth” images of the subject accident scene;
QQQ. Anatomical drawings, models, charts, pictures, films (and
other demonstrative exhibits);
RRR. The entire criminal court packet in State of Indiana v.
Aarron W. Suggs, Allen County Superior Court, Cause
Number 02D04-1808-MC-002417 (including all
transcripts of hearings, “amended information for
aggravated battery”, “amended information for attempt
battery”, “information for attempt murder”, “affidavit for
probable cause”, depositions, “petition for post-conviction
relief”; “chronological case summaries”, docket sheets,
orders, “plea of guilty”, “judgment of conviction”,
“notices of hearings”, exhibits, “transcript of
proceedings”);
SSS. The entire criminal court packet in State of Indiana v.
Aarron W. Suggs, Allen County Superior Court, Cause
Number 02D04-1808-F1-000015 (including all transcripts
of hearings, “amended information for aggravated
battery”, “amended information for attempt battery”,
“information for attempt murder”, “affidavit for probable
cause”, depositions, “petition for post-conviction relief”;
“chronological case summaries”, docket sheets, orders,
“plea of guilty”, “judgment of conviction”, “notices of
hearings”, exhibits, “transcript of proceedings”);
Page 22 of 28
TTT. “Affidavit for Probable Cause” pertaining to the criminal
charges in State of Indiana vs. Aarron William Suggs,
Allen Superior Court, Cause Number 02D04-1808-MC-
002417;
UUU. “Affidavit for Probable Cause” pertaining to the criminal
charges in State of Indiana vs. Aarron William Suggs,
Allen Superior Court, Cause Number 02D04-1808- F1-
000015;
VVV. “Information For Carrying A Handgun Without A
License” pertaining to the criminal charges in State of
Indiana vs. Aarron William Suggs, Allen Superior Court,
Cause Number 02D04-1808-F1-000015;
WWW. The certified copy of Aarron W. Suggs’ “Judgment of
Conviction” in State of Indiana vs. Aarron William Suggs,
Allen County Superior Court, Cause Number 02D04-
1808-F1-000015;
XXX. “Abstract of Judgment” of Aarron W. Suggs in State of
Indiana vs. Aarron William Suggs, Allen County Superior
Court, Cause Number 02D04-1808-F1-000015;
YYY. Selected portions of the file produced from the
Prosecutor’s Office in State of Indiana vs. Aarron William
Suggs, Allen County Superior Court, Cause Number
02D04-1808-F1-000015;
ZZZ. Selected portions of the criminal court packet in State of
Indiana v. Christopher M. Pogue, Allen County Superior
Court, Cause Number 02D04-9010-CM-028652
(including all transcripts of hearings, “amended
information for aggravated battery”, “amended
information for attempt battery”, “information for attempt
murder”, “affidavit for probable cause”, depositions,
“petition for post-conviction relief”; “chronological case
Page 23 of 28
summaries”, docket sheets, orders, “plea of guilty”,
“judgment of conviction”, “notices of hearings”, exhibits,
“transcript of proceedings”);
AAAA. Selected portions of the criminal court packet in State of
Indiana v. Christopher M. Pogue, Allen County Superior
Court, Cause Number 02D04-0306-CM-004447
(including all transcripts of hearings, “amended
information for aggravated battery”, “amended
information for attempt battery”, “information for attempt
murder”, “affidavit for probable cause”, depositions,
“petition for post-conviction relief”; “chronological case
summaries”, docket sheets, orders, “plea of guilty”,
“judgment of conviction”, “notices of hearings”, exhibits,
“transcript of proceedings”);
BBBB. Selected portions of the Social Security file of Mr. Pogue
from the Social Security Administration (including
employment evaluations, functional examinations,
“mental examinations”, applications, correspondence,
memoranda, questionnaires, notes, medical records,
“disability evaluations”, “report of psychiatric status”,
“physical examinations”, “functional capacity
assessments”, “reports of contact”, “psychiatric review
technique”, and “intake evaluation report”);
CCCC. Internet social networking posts, images, and other
materials pertaining to or depicting the Plaintiff (or
duplicate images of the same);
DDDD. Employment records, personnel records, medical records,
pay stubs, documents and things produced by any third-
party (pursuant to a Request for Production of Documents
and/or an executed HIPAA-compliant Authorization);
Page 24 of 28
EEEE. Reports / Reconstruction Materials / Computer Graphics /
Drawings / and Calculations if any of any Defense Expert
Witness;
FFFF. Documents/things produced by the Plaintiff (pursuant to
IRCP 34) [all sets and supplemental];
GGGG. Documents/things produced by the Plaintiff during
“discovery”;
HHHH. Documents/things produced by the Co-Defendant Aarron
Suggs (pursuant to IRCP 34) [all sets and supplemental];
IIII. Documents/things produced by the Co-Defendant Aarron
Suggs during “discovery”;
JJJJ. Documents/things produced by the Co-Defendant Howard
Johnson, III (pursuant to IRCP 34) [all sets and
supplemental];
KKKK. Documents/things produced by the Co-Defendant Howard
Johnson, III during “discovery”;
LLLL. Documents/things produced by the Co-Defendant Robert
Karn (pursuant to IRCP 34) [all sets and supplemental];
MMMM. Documents/things produced by the Co-Defendant Robert
Karn during “discovery”;
NNNN. All documents/things produced by the third-parties during
“discovery”;
OOOO. The Curriculum Vitae of any Defense Expert Witness (as
well as the CV of any treating healthcare provider);
Page 25 of 28
PPPP. All demonstrative exhibits (of both anatomy and of the
accident scene) for Defense Expert Witnesses to illustrate
any point;
QQQQ. Any exhibit listed by the Plaintiff (which is not
specifically objected to by these Defendants);
RRRR. Any exhibit listed by the Co-Defendant Aarron Suggs
(which is not specifically objected to by these
Defendants);
SSSS. Any exhibit listed by the Co-Defendant Howard Johnson,
III (which is not specifically objected to by these
Defendants);
TTTT. Any exhibit listed by the Co-Defendant Robert Karn
(which is not specifically objected to by these
Defendants); and
UUUU. Any document or thing needed as a “rebuttal” or
“impeachment” exhibit.
Neither the “discovery” phase of the lawsuit, nor the investigation of the supposed
“damages” is complete. As such, these Defendants, Money Flow, Incorporated,
Donna Rockey, Defendant Styled “The Rock Tavern a/k/a The Rock”, and April
Fink, reserve the right to add and/or remove exhibits from this “preliminary exhibit
list”.
Page 26 of 28
Respectfully submitted,
HUNT SUEDHOFF KEARNEY LLP
/s/ James J. Shea, Sr.
James J. Shea, Sr., #2177-02
Scott L. Bunnell, #4092-98
Jeremy D. Lemon, #30731-45
803 S. Calhoun Street, Ninth Floor
Fort Wayne, IN 46802
(260) 423-1311
ATTORNEYS FOR DEFENDANTS,
MONEY FLOW, INCORPORATED;
DONNA ROCKEY; DEFENDANT
STYLED “THE ROCK TAVERN, A/K/A THE
ROCK”; AND APRIL FINK
Page 27 of 28
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 9th day of September, 2022, a true and
correct copy of the foregoing Preliminary Contentions, Witness and Exhibit Lists of
These Defendants (Money Flow, Incorporated; Donna Rockey; Defendant Styled “The
Rock Tavern a/k/a The Rock”; and April Fink) was served to all counsel of record by the
Indiana E-Filing System, or other acceptable means of service (U.S. Mail), as follows:
Dana K. Carlson, Esq.
TOURKOW, CRELL, ROSENBLATT & JOHNSTON, LLP
127 W. Berry Street, Suite 1200
Fort Wayne, IN 46802
ATTY FOR PLAINTIFF
Aarron Suggs – DOC #133534
Location: H-334
c/o Indiana Department of Corrections
Miami Correctional Facility
3038 West 850 South
Bunker Hill, IN 46914-9810
Howard R. Johnson, III
1342 Guthrie Street
Fort Wayne, IN 46802
Robert Karn
1427 Swinney Avenue
Fort Wayne, IN 46802
/s/ James J. Shea, Sr.
James J. Shea, Sr.
Page 28 of 28
Preview
Filed: 9/9/2022 11:33 AM Clerk Allen County, Indiana ED STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT ) SS: COUNTY OF ALLEN ) CAUSE NO. 02D09-2008-PL-000346 CHRISTOPHER M. POGUE, ) ) Plaintiff, ) ) vs. ) ) MONEY FLOW, INCORPORATED, ) AARRON W. SUGGS, DONNA ROCKEY, ) THE ROCK TAVERN A/K/A THE ROCK ) HOWARD JOHNSON, III, ) APRIL FINK and ROBERT KARN, ) ) Defendants. ) THE PRELIMINARY CONTENTIONS, WITNESS AND EXHIBIT LISTS OF THESE DEFENDANTS MONEY FLOW, INCORPORATED; DONNA ROCKEY; DEFENDANT STYLED “THE ROCK TAVERN, A/K/A THE ROCK”; AND APRIL FINK) I. Contentions During the early morning hours of August 24, 2018, while in the “smoking garden” outside The Rock Tavern at 1916 Broadway in Fort Wayne, Defendant Aarron W. Suggs shot Plaintiff Pogue. Suggs may have shot Pogue as the result of an argument which had occurred earlier between the two men. Video evidence suggests Suggs left the smoking garden and returned later and shot Pogue. Page 1 of 28 None of these Defendants have any liability to Plaintiff Pogue. The actions of Defendant Suggs in shooting Plaintiff Pogue were entirely unforeseeable to these Defendants. They could not prevent an armed Defendant Suggs from committing this unforeseeable act of violence. Besides the unforeseeability, Donna Rockey, as the sole shareholder of Money Flow, Incorporated, is shielded from any personal liability to Plaintiff Pogue. Defendant April Fink, as the bartender of The Rock at the time of the shooting, similarly has no individual liability to Plaintiff Pogue. She was in the course and scope of her employment with The Rock Tavern, and is shielded under Indiana law from having any personal liability to Plaintiff Pogue. In sum, Defendant Suggs and Plaintiff Pogue responsibly caused the unforeseeable shooting. No one else. Thus, these Defendants are entitled to judgment in their favor. II. Witnesses These Defendants’ (Money Flow, Incorporated, Donna Rockey, Defendant Styled “The Rock Tavern a/k/a The Rock”, and April Fink) “preliminary witnesses” may include: A. Christopher M. Pogue 2317 Maplewood Road Fort Wayne, Indiana 46819; Page 2 of 28 B. Aarron W. Suggs c/o Miami County Correctional Facility 3038 West 850 South Bunker Hill, Indiana 46914; C. Robert Karn 1610 West Fourth Street Fort Wayne, Indiana 46808; D. April Fink 425 East Wayne Street, Apt. 18 Fort Wayne, Indiana 46802; E. Donna Rockey 1528 Franklin, Avenue Fort Wayne, Indiana 46808; F. Officer Aaron Johnson, I.D. No. #1735 Officer Joel Lengerich, I.D. No. #1967 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; G. Officer Alvin B. Davis, I.D. No. #1938 Officer Thomas E. Vachon, I.D. No. #1538 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; H. Officer Chad S. Schipper, I.D. No. #1802 Officer Dustin Falk, I.D. No. #1941 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; Page 3 of 28 I. Officer Michael McEachern, I.D. No. #1796 Officer Chris Felton, I.D. No. #1829 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; J. Officer James Arnold, I.D. No. #1823 Julie McConnell, I.D. No. #1932 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; K. Sergeant James Haupert, I.D. No. #1652 Officer Lisa Woods, I.D. No. #1721 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; L. Officer David Tinsley, I.D. No. #1754 Officer Larry Richardson, I.D. No. #1814 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; M. Officer Justin Holmes, I.D. No. #1733 Officer Brent Roddy, I.D. No. #1696 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; Page 4 of 28 N. Detective Doug Gillespie, I.D. No. #1856 Officer William Michales, I.D. No. #1533 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; O. Officer Nathan Beagle, I.D. No. #1862 Officer Isaac Wyss, I.D. No. #1989 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; P. Officer Fritz Rommel, I.D. No. #1745 Officer Alan L. Garriott, I.D. No. #1494 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; Q. Officer Shane Coleman, I.D. No. #1583 Officer Shane A. Hopkins, I.D. No. #1592 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; R. Detective James H. King, I.D. No. #1478 Detective Paul Meitz, I.D. No. #1841 Officer Bryan Thurman, I.D. No. #1618 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; Page 5 of 28 S. Officer Kimberly Seiss, I.D. No. #1748 Officer Brian Williams, I.D. No. #1643 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; T. Officer Darrick Engelman, I.D. No. #1628 Officer Christine Armstead, I.D. No. #1741 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; U. Officer Gavin J. Dambra, I.D. No. #1891 Officer Kenneth Johnson, I.D. No. #1593 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; V. Officer Benjamin Bush, I.D. No. #1905 Officer Shannon Hughes, I.D. No. #1784 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; W. Officer Nolan E. Banks, I.D. No. #1409 Officer Anthony Shefferly, I.D. No. #1846 Fort Wayne Police Department City-County Building 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; Page 6 of 28 X. Stacey R. Hartman Forensic Scientist EVII Fort Wayne Regional Laboratory Division Indiana State Police 5811 Ellison Road Fort Wayne, Indiana 46804; Y. Representative(s) of City of Fort Wayne 200 East Berry Street, Suite 470 Fort Wayne, Indiana 46802; Z. Representative(s) of Fort Wayne Police Department 1 East Main Street, Suite 108 Fort Wayne, Indiana 46802; AA. Representative(s) of Smith & Wesson Brands, Inc. 2100 Roosevelt Avenue Springfield, Massachusetts 01104; BB. Meagan Young 1026 High Street Fort Wayne, Indiana 46806; CC. Michael R. Reiff (current address unknown); DD. Jacob R. Jeffrey (current address unknown); EE. Emil P. Poling (current address unknown); FF. April Armstrong (current address unknown); GG. Jackie N. Shuler, Jr. (current address unknown); Page 7 of 28 HH. Derrick D. Dunbar (current address unknown); II. Jacob E. Eicks (current address unknown); JJ. Andru Xavier-Kane Roberts (current address unknown); KK. Krystal Vigar (current address unknown); LL. Austin Jett (current address unknown); MM. Chad Brenneke (current address unknown); NN. Alyssa Fiscus (current address unknown); OO. Marah Bradbury (current address unknown); PP. Chris Meihls (current address unknown); QQ. Karen S. Richards Allen County Prosecuting Attorney Keystone Building, Third Floor 602 South Calhoun Street Fort Wayne, Indiana 46802; Page 8 of 28 RR. Jesus R. Trevino Deputy Prosecuting Attorney Allen County Prosecutor’s Office Keystone Building, Third Floor 602 South Calhoun Street Fort Wayne, Indiana 46802; SS. Tasha B. Lee Deputy Prosecuting Attorney Allen County Prosecutor’s Office Keystone Building, Third Floor 602 South Calhoun Street Fort Wayne, Indiana 46802; TT. Gregory Dowling, M.D. LHP-Family Medicine 2512 East Dupont Road, Suite 200 Fort Wayne, Indiana 46825; UU. Adam D. Hall, M.D. John Paul M. Manalo, M.D. Fort Wayne Orthopaedics 7601 West Jefferson Boulevard Fort Wayne, Indiana 46804; VV. Sara Wetli, PA Laura Rodriguez, FNP-C Fort Wayne Orthopaedics 7601 West Jefferson Boulevard Fort Wayne, Indiana 46804; WW. Christopher W. LaSalle, M.D. Orthopaedics Northeast 5050 North Clinton Street Fort Wayne, Indiana 46825; Page 9 of 28 XX. David Lutz, M.D. Fort Wayne Neurological Center 2510 East Dupont Road, Suite 226 Fort Wayne, Indiana 46825; YY. Physical Therapists and staff personnel Indiana Physical Therapy 4251 Lahmeyer Road Fort Wayne, Indiana 46815; ZZ. EMT’s and staff personnel Three Rivers Ambulance Authority 525 Hayden Street Post Office Box 11724; Fort Wayne, Indiana 46860; AAA. Jacob Capito, M.D. Pradeesh M. George, M.D. Alshaher Motaz, M.D. Lutheran Hospital 7950 West Jefferson Boulevard Fort Wayne, Indiana 46804; BBB. Doctors and staff personnel Lutheran Hospital 7950 West Jefferson Boulevard Fort Wayne, Indiana 46804; CCC. Doctors and staff personnel Orthopaedic Hospital at Parkview North 11130 Parkview Circle Drive, Suite 7 Fort Wayne, Indiana 46845; DDD. Doctors and staff personnel Rehabilitation Hospital of Fort Wayne 7970 West Jefferson Boulevard Fort Wayne, Indiana 46804; Page 10 of 28 EEE. Doctors and staff personnel Parkview Regional Medical Center 11109 Parkview Plaza Drive, Entrance 1 Fort Wayne, Indiana 46845; FFF. Doctors and staff personnel Altru Hospital 1200 South Columbia Road Grand Forks, North Dakota 58201; GGG. Neena Allaire / Kristin Alves / Stacey L. Hinchliffe Records Custodian / Billing Coordinator CVS Pharmacy One CVS Drive Woonsocket, Rhode Island 02895; HHH. Jill Bosch / Cindy Reno Records Custodian / Billing Coordinator Walgreens Pharmacy 1901 East Voorhees Street Post Office Box 4039 MS #735 Danville, Illinois 61834; III. Tina Enix / Rachel Batterton / Melanie Bennett Records Custodian / Billing Coordinator Walmart Pharmacy 702 Southwest 8th Street Bentonville, Arkansas 72716-0215; JJJ. Kasey Eckland Records Custodian / Billing Coordinator Three Rivers Ambulance Authority 525 Hayden Street Post Office Box 11724; Fort Wayne, Indiana 46860; Page 11 of 28 KKK. Lori Sy / Angela Hall / Shirley Malone Records Custodian / Billing Coordinator Lutheran Hospital / Orthopaedic Hospital 7950 West Jefferson Boulevard Fort Wayne, Indiana 46804; LLL. Michelle Lewis / May Rodgers / April Gardner Records Custodian / Billing Coordinator Emergency Medicine of Indiana Post Office Box 12617 Fort Wayne, Indiana 46864; MMM. Patty Doak / Debra E. Lee / Cassidy Myers Records Custodian / Billing Coordinator Summit Radiology PC 7221 Engle Road, Suite 220 Fort Wayne, Indiana 46804; NNN. Michelle Geesey / Jessica Mitchell / Michelle Weaver Records Custodian / Billing Coordinator Fort Wayne Orthopaedics 7601 West Jefferson Boulevard Fort Wayne, Indiana 46804; OOO. Catharine Roddy / Melissa Dunno / Melissa F. Simpson Records Custodian / Billing Coordinator Orthopaedics Northeast 5050 North Clinton Street Fort Wayne, Indiana 46825; PPP. Erica Quinones / Megan Wilson Records Custodian / Billing Coordinator Indiana Physical Therapy 4251 Lahmeyer Road Fort Wayne, Indiana 46815; Page 12 of 28 QQQ. Richard Domenech / Leslie Nelson / Janine S. Schwartz Records Custodian / Billing Coordinator Fort Wayne Neurological Center 2510 East Dupont Road, Suite 226 Fort Wayne, Indiana 46825; RRR. April Campos / Andrea White Records Custodian / Billing Coordinator Orthopaedic Hospital at Parkview North 11130 Parkview Circle Drive, Suite 7 Fort Wayne, Indiana 46845; SSS. Melissa Green / Andrea White / Adam Trammell Records Custodian / Billing Coordinator Parkview Hospital / Parkview Regional Medical Center 2200 Randallia Drive Fort Wayne, Indiana 46805; TTT. Chris Heyn / Patricia Harker / Sandy Bojrab Records Custodian / Billing Coordinator Professional Emergency Physicians 608 Union Chapel Road Fort Wayne, Indiana 46845-9357; UUU. Deb Overcash Records Custodian / Billing Coordinator Fort Wayne Radiology Post Office Box 5602 Fort Wayne, Indiana 46895-5602; VVV. Representative(s)/Records Custodian(s) of Mr. Pogue’s pre-accident and post-accident healthcare providers; WWW. All radiologists (identified on radiology reports of Mr. Pogue); Page 13 of 28 XXX. Representative(s) of Mr. Pogue’s past and present employers; YYY. Jaimi Dohrman Social Security Administration 2122 Lincolnway Court Fort Wayne, Indiana 46819; ZZZ. Disability Interviewer(s) Disability Determination Bureau / Social Security Administration Post Office Box 7069 Indianapolis, Indiana 46207; AAAA. Disability Reviewer(s) Disability Determination Bureau / Social Security Administration Post Office Box 7069 Indianapolis, Indiana 46207; BBBB. Disability Examiner(s) Disability Determination Bureau / Social Security Administration Post Office Box 7069 Indianapolis, Indiana 46207; CCCC. Bradley Vest Subrogation Recovery Analyst The Rawlings Company/CareSource Post Office Box 2000 LaGrange, Kentucky 40031-2000; DDDD. Christopher M. Nancarrow Clerk of Allen County Allen County Courthouse 715 South Calhoun Street, Suite 201 Fort Wayne, Indiana 46802; Page 14 of 28 EEEE. Any representative of Plaintiff’s social media accounts needed to verify the authenticity or accuracy of current or past postings or pictures; FFFF. Any person necessary to lay the “evidentiary foundation” for Stanley discounts, write-downs and/or write-offs (at any governmental agency or private insurer); GGGG. Any person necessary to lay the “evidentiary foundation” (for any exhibit listed by the parties); HHHH. All witnesses listed by the Plaintiff (who are not specifically objected to by these Defendants); IIII. All witnesses listed by the Co-Defendant Aarron Suggs (who are not specifically objected to by these Defendants); JJJJ. All witnesses listed by the Co-Defendant Howard Johnson, III (who are not specifically objected to by these Defendants); KKKK. All witnesses listed by the Co-Defendant Robert Karn (who are not specifically objected to by these Defendants); and LLLL. Any person needed as a “rebuttal” or “impeachment” witness. Neither the “discovery” phase of the lawsuit, nor the investigation of the supposed “damages” is complete. As such, these Defendants, Money Flow, Incorporated, Donna Rockey, Defendant Styled “The Rock Tavern a/k/a The Rock”, and April Fink, reserve the right to add and/or remove witnesses from this “preliminary witness list”. Page 15 of 28 III. Exhibits These Defendants’ (Money Flow, Incorporated, Donna Rockey, Defendant Styled “The Rock Tavern a/k/a The Rock”, and April Fink) “preliminary exhibits” may include: A. Mr. Pogue’s pre-accident medical records;1 B. Mr. Pogue’s post-accident medical records; C. The medical records from Gregory Dowling, M.D.; D. The medical records from LHP-Family Medicine; E. The medical records from Adam D. Hall, M.D.; F. The medical records from John Paul M. Manalo, M.D.; G. The medical records from Fort Wayne Orthopaedics; H. The medical records from Christopher W. LaSalle, M.D.; I. The medical records from Orthopaedics Northeast; J. The medical records from David Lutz, M.D.; K. The medical records from Fort Wayne Neurological Center; 1 “Medical records” means the healthcare provider’s chart, correspondence, films, notes, reports, letters, test results, patient intake history forms, healthcare bills, itemized billing statements, payment ledger and documents filled-out by the patient, healthcare provider and/or staff. This definition is not limited to medical doctors (and includes therapists, counselors, dentists, chiropractors, and the like). Page 16 of 28 L. The medical records from Indiana Physical Therapy; M. The medical records from Three Rivers Ambulance Authority; N. The medical records from Lutheran Hospital; O. The medical records from Orthopaedic Hospital at Parkview North; P. The medical records from Rehabilitation Hospital of Fort Wayne; Q. The medical records from Parkview Regional Medical Center / Parkview Hospital; R. The medical records from Altru Hospital; S. The medical records from CVS Pharmacy; T. The medical records from Walgreens Pharmacy; U. The medical records from Walmart Pharmacy; V. The medical records from Emergency Medicine of Indiana; W. The medical records from Summit Radiology PC; X. The medical records from Professional Emergency Physicians; Y. The medical records from Fort Wayne Radiology; Z. The medical records of each healthcare provider that these Defendants have listed on their accompanying “witness list”; Page 17 of 28 AA. The medical bills and billing statements of each healthcare provider that these Defendants have listed on their accompanying “witness list” [reflecting total bill charges, payments, write-offs and/or adjustments]; BB. All invoices, billing statements and related documents which show contractual “write-downs” and/or “reductions” (consistent with Stanley v. Walker, 906 N.E.2d 852 [Ind. 2009]); CC. Any and all medical records, documents, letters or things (generated by Mr. Pogue’s healthcare providers); DD. Any and all medical records, medical bills, billing statements, documents, letters or things (generated by Mr. Pogue’s healthcare providers); EE. Any and all medical bills and billing statements (generated by Mr. Pogue’s healthcare providers) [reflecting total bill charges, payments, write-offs and/or adjustments]; FF. Any and all records, documents, letters or things (generated by Mr. Pogue’s past and present employers); GG. Mr. Pogue’s past and present employment records (including pay records, disability records, attendance records/sheets, wage records, job duties, pre-employment examinations, absentee calendars, applications, performance evaluations, disciplinary records/slips, lay- off slips/reports, restricted duty slips, lay-off notices, return to work slips, pay records); HH. All documents/checks/other things evidencing “collateral source” payments (or workers’ compensation, medical, health or impairment or disability benefits paid to or on behalf of Mr. Pogue); Page 18 of 28 II. Any “Recorded Statement” of Plaintiff, Christopher M. Pogue (given to an investigator); JJ. The claim file from CareSource pertaining to the subject incident (including payments made, medical bills, correspondence and medical records); KK. Any and all diagnostic imaging films of Mr. Pogue; LL. Deposition(s) of Plaintiff (including exhibit(s) attached thereto) [including any supplemental depositions]; MM. Deposition(s) of Co-Defendant Aarron Suggs (including exhibit(s) attached thereto) [including any supplemental depositions]; NN. Deposition(s) of Co-Defendant Howard Johnson, III (including exhibit(s) attached thereto) [including any supplemental depositions]; OO. Deposition(s) of Co-Defendant Robert Karn (including exhibit(s) attached thereto) [including any supplemental depositions]; PP. Deposition of any Expert Witness; QQ. The evidentiary deposition(s) of the Defense Expert Witnesses (taken by the undersigned Defense Counsel); RR. All discovery and evidentiary depositions taken (and to be taken) in this lawsuit [together with all exhibits thereto]; SS. Any report of a possible Rule 35 physician(s) (if one either conducts a Trial Rule 35 Exam [or “records review”]); Page 19 of 28 TT. All documents and papers signed by Plaintiff (in connection with the Rule 35 Exam, medical visits, employment matters, Social Security, and other healthcare visits); UU. All radiology reports of Mr. Pogue; VV. Interrogatory Answers of Plaintiff [all sets and supplemental]; WW. Interrogatory Answers of Co-Defendant Aarron Suggs [all sets and supplemental]; XX. Interrogatory Answers of Co-Defendant Howard Johnson, III [all sets and supplemental]; YY. Interrogatory Answers of Co-Defendant Robert Karn [all sets and supplemental]; ZZ. Plaintiff’s Federal and State tax returns (with W-2’s and related financial information) [either filed individually or jointly]; AAA. Selected portions of the investigation file pertaining to the subject incident, Incident number #18F100980 from Fort Wayne Police Department (including narrative reports, interviews, witness statements, supplemental incident reports, 911 dispatch records, drawings and/or sketches, photographs, narrative summaries, Spillman reports, officers reports, officer supplemental reports, logs, videotapes, video footage, car videos, surveillance videos, “fatal or serious accident vehicle conditions from police data”); BBB. “Screen Images” pertaining to the subject incident, Incident Report Number #18F100980 produced from the Fort Wayne Police Department; Page 20 of 28 CCC. “Officer’s Reports” pertaining to the subject incident, Incident Report Number #18F100980 produced from the Fort Wayne Police Department; DDD. “Officer’s Supplemental Reports” pertaining to the subject incident, Incident Report Number #18F100980 produced from the Fort Wayne Police Department; EEE. “Interviews” pertaining to the subject incident, Incident Report Number #18F100980 produced from the Fort Wayne Police Department; FFF. “Narrative Summaries” pertaining to the subject incident, Incident Report Number #18F100980 produced from the Fort Wayne Police Department; GGG. “Continuity Records” pertaining to the subject incident, Incident Report Number #18F100980 produced from the Fort Wayne Police Department; HHH. “Crime Scene Entry Form Logs” pertaining to the subject incident, Incident Report Number #18F100980 produced from the Fort Wayne Police Department; III. “Consent to Search Property” pertaining to the subject incident, Incident Report Number #18F100980 produced from the Fort Wayne Police Department; JJJ. Photographs of the subject The Rock a/k/a The Rock Tavern; KKK. Aerial photographs of the subject The Rock a/k/a The Rock Tavern pertaining to the subject accident; LLL. Security Video Surveillance of the subject incident at The Rock a/k/a The Rock Tavern; Page 21 of 28 MMM. Selected portions of the investigation file pertaining to the subject incident, from Indiana State Police; NNN. Diagram and/or sketch of the subject incident scene; OOO. Measurements of the subject accident scene; PPP. “Google Earth” images of the subject accident scene; QQQ. Anatomical drawings, models, charts, pictures, films (and other demonstrative exhibits); RRR. The entire criminal court packet in State of Indiana v. Aarron W. Suggs, Allen County Superior Court, Cause Number 02D04-1808-MC-002417 (including all transcripts of hearings, “amended information for aggravated battery”, “amended information for attempt battery”, “information for attempt murder”, “affidavit for probable cause”, depositions, “petition for post-conviction relief”; “chronological case summaries”, docket sheets, orders, “plea of guilty”, “judgment of conviction”, “notices of hearings”, exhibits, “transcript of proceedings”); SSS. The entire criminal court packet in State of Indiana v. Aarron W. Suggs, Allen County Superior Court, Cause Number 02D04-1808-F1-000015 (including all transcripts of hearings, “amended information for aggravated battery”, “amended information for attempt battery”, “information for attempt murder”, “affidavit for probable cause”, depositions, “petition for post-conviction relief”; “chronological case summaries”, docket sheets, orders, “plea of guilty”, “judgment of conviction”, “notices of hearings”, exhibits, “transcript of proceedings”); Page 22 of 28 TTT. “Affidavit for Probable Cause” pertaining to the criminal charges in State of Indiana vs. Aarron William Suggs, Allen Superior Court, Cause Number 02D04-1808-MC- 002417; UUU. “Affidavit for Probable Cause” pertaining to the criminal charges in State of Indiana vs. Aarron William Suggs, Allen Superior Court, Cause Number 02D04-1808- F1- 000015; VVV. “Information For Carrying A Handgun Without A License” pertaining to the criminal charges in State of Indiana vs. Aarron William Suggs, Allen Superior Court, Cause Number 02D04-1808-F1-000015; WWW. The certified copy of Aarron W. Suggs’ “Judgment of Conviction” in State of Indiana vs. Aarron William Suggs, Allen County Superior Court, Cause Number 02D04- 1808-F1-000015; XXX. “Abstract of Judgment” of Aarron W. Suggs in State of Indiana vs. Aarron William Suggs, Allen County Superior Court, Cause Number 02D04-1808-F1-000015; YYY. Selected portions of the file produced from the Prosecutor’s Office in State of Indiana vs. Aarron William Suggs, Allen County Superior Court, Cause Number 02D04-1808-F1-000015; ZZZ. Selected portions of the criminal court packet in State of Indiana v. Christopher M. Pogue, Allen County Superior Court, Cause Number 02D04-9010-CM-028652 (including all transcripts of hearings, “amended information for aggravated battery”, “amended information for attempt battery”, “information for attempt murder”, “affidavit for probable cause”, depositions, “petition for post-conviction relief”; “chronological case Page 23 of 28 summaries”, docket sheets, orders, “plea of guilty”, “judgment of conviction”, “notices of hearings”, exhibits, “transcript of proceedings”); AAAA. Selected portions of the criminal court packet in State of Indiana v. Christopher M. Pogue, Allen County Superior Court, Cause Number 02D04-0306-CM-004447 (including all transcripts of hearings, “amended information for aggravated battery”, “amended information for attempt battery”, “information for attempt murder”, “affidavit for probable cause”, depositions, “petition for post-conviction relief”; “chronological case summaries”, docket sheets, orders, “plea of guilty”, “judgment of conviction”, “notices of hearings”, exhibits, “transcript of proceedings”); BBBB. Selected portions of the Social Security file of Mr. Pogue from the Social Security Administration (including employment evaluations, functional examinations, “mental examinations”, applications, correspondence, memoranda, questionnaires, notes, medical records, “disability evaluations”, “report of psychiatric status”, “physical examinations”, “functional capacity assessments”, “reports of contact”, “psychiatric review technique”, and “intake evaluation report”); CCCC. Internet social networking posts, images, and other materials pertaining to or depicting the Plaintiff (or duplicate images of the same); DDDD. Employment records, personnel records, medical records, pay stubs, documents and things produced by any third- party (pursuant to a Request for Production of Documents and/or an executed HIPAA-compliant Authorization); Page 24 of 28 EEEE. Reports / Reconstruction Materials / Computer Graphics / Drawings / and Calculations if any of any Defense Expert Witness; FFFF. Documents/things produced by the Plaintiff (pursuant to IRCP 34) [all sets and supplemental]; GGGG. Documents/things produced by the Plaintiff during “discovery”; HHHH. Documents/things produced by the Co-Defendant Aarron Suggs (pursuant to IRCP 34) [all sets and supplemental]; IIII. Documents/things produced by the Co-Defendant Aarron Suggs during “discovery”; JJJJ. Documents/things produced by the Co-Defendant Howard Johnson, III (pursuant to IRCP 34) [all sets and supplemental]; KKKK. Documents/things produced by the Co-Defendant Howard Johnson, III during “discovery”; LLLL. Documents/things produced by the Co-Defendant Robert Karn (pursuant to IRCP 34) [all sets and supplemental]; MMMM. Documents/things produced by the Co-Defendant Robert Karn during “discovery”; NNNN. All documents/things produced by the third-parties during “discovery”; OOOO. The Curriculum Vitae of any Defense Expert Witness (as well as the CV of any treating healthcare provider); Page 25 of 28 PPPP. All demonstrative exhibits (of both anatomy and of the accident scene) for Defense Expert Witnesses to illustrate any point; QQQQ. Any exhibit listed by the Plaintiff (which is not specifically objected to by these Defendants); RRRR. Any exhibit listed by the Co-Defendant Aarron Suggs (which is not specifically objected to by these Defendants); SSSS. Any exhibit listed by the Co-Defendant Howard Johnson, III (which is not specifically objected to by these Defendants); TTTT. Any exhibit listed by the Co-Defendant Robert Karn (which is not specifically objected to by these Defendants); and UUUU. Any document or thing needed as a “rebuttal” or “impeachment” exhibit. Neither the “discovery” phase of the lawsuit, nor the investigation of the supposed “damages” is complete. As such, these Defendants, Money Flow, Incorporated, Donna Rockey, Defendant Styled “The Rock Tavern a/k/a The Rock”, and April Fink, reserve the right to add and/or remove exhibits from this “preliminary exhibit list”. Page 26 of 28 Respectfully submitted, HUNT SUEDHOFF KEARNEY LLP /s/ James J. Shea, Sr. James J. Shea, Sr., #2177-02 Scott L. Bunnell, #4092-98 Jeremy D. Lemon, #30731-45 803 S. Calhoun Street, Ninth Floor Fort Wayne, IN 46802 (260) 423-1311 ATTORNEYS FOR DEFENDANTS, MONEY FLOW, INCORPORATED; DONNA ROCKEY; DEFENDANT STYLED “THE ROCK TAVERN, A/K/A THE ROCK”; AND APRIL FINK Page 27 of 28 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 9th day of September, 2022, a true and correct copy of the foregoing Preliminary Contentions, Witness and Exhibit Lists of These Defendants (Money Flow, Incorporated; Donna Rockey; Defendant Styled “The Rock Tavern a/k/a The Rock”; and April Fink) was served to all counsel of record by the Indiana E-Filing System, or other acceptable means of service (U.S. Mail), as follows: Dana K. Carlson, Esq. TOURKOW, CRELL, ROSENBLATT & JOHNSTON, LLP 127 W. Berry Street, Suite 1200 Fort Wayne, IN 46802 ATTY FOR PLAINTIFF Aarron Suggs – DOC #133534 Location: H-334 c/o Indiana Department of Corrections Miami Correctional Facility 3038 West 850 South Bunker Hill, IN 46914-9810 Howard R. Johnson, III 1342 Guthrie Street Fort Wayne, IN 46802 Robert Karn 1427 Swinney Avenue Fort Wayne, IN 46802 /s/ James J. Shea, Sr. James J. Shea, Sr. Page 28 of 28