1986) (maintaining that jury consideration of alienation of affections
"did not form the basis for a cause of action based solely on alienation of affection
(18) In one case, the North Carolina Court of Appeals affirmed damages for alienation of affection
and criminal conversation "awarding] $1.00 in compensatory damages for alienation of affection
and criminal conversation and $85,000.00 in punitive damages for criminal conversation." (19) The problems of excessive or disproportionate damages in these cases have plagued common-law courts for centuries.
Someone who has wooed away another's spouse would no doubt resent being hit with a judgment for alienation of affection
. With regard to the descriptive dimension of legitimacy, I doubt that for most people that the primary or even a significant reaction engendered by such judgment would be decreased allegiance to the state's legal system.
In South Dakota, this cause of action can be brought against one who seduces a spouse by using the alienation of affection
tort and when a valuable interest in the marriage is lost due to the adulterous activity.
"Alienation of affection
, lack of interest, people stop talking to each other.
As a result, she suffered "severe hunger, starvation, anemia, dehydration, alienation of affection
, distress and a lack of the enjoyment of her short life, to her non-economic damage in the amount of $500,000."
Last month's Missouri Supreme Court opinion abolishing the tort of alienation of affection
was a good example of the difference between Democrat and Republican judges.
Although some courts have been clarifying a spouse's right to bring various tort claims, including alienation of affection
and property-related offenses, the types of cases actually filed may be limited.
A jury in Salt Lake City, Utah, ruled she deliberately enticed father- of-three Gary Vessel, 39, away from wife Candace and they found her guilty of "alienation of affection
Collopy has also halted his action in which he sought pounds 20,000 damages from Spencer for his public humiliation and the "alienation of affection
" from his wife.
Rodriguez sued Lemus for alienation of affection
and criminal conversation (essentially claims for home-wrecking and adultery, respectively) under North Carolinas heart balm torts.
The husband sued the policyholder on, among other grounds, "alienation of affections
." The policyholder tendered this suit to his insurer but the insurer denied coverage.