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.