JONES V. SWANSON 341 F.3d 723 (2003) CASE BRIEF

JONES V. SWANSON

341 F.3d 723 (2003)

NATURE OF THE CASE: Swanson (D) appealed a judgment in favor of Jones (P), ex-husband, for compensatory damages and punitive damages against D for alienation of affection.

FACTS: Donna (W) and D grew up a small rural South Dakota community. They became romantically involved for a short time in 1977 upon W graduating from high school. They rekindled the romance in 1978 and again dated for a short time. The relationship ended in 1978, and the two did not see one another for twenty years until 1998. D became an orthopaedic surgeon and moved to Las Vegas, Nevada. He married and raised a family. W met H shortly after the relationship with D ended and was married to him in 1981. H and W have four children and H works as a hospital administrator and W works as a nurse. By 1998, W believed she and H were no longer close. W was dissatisfied with her job and marriage. W admitted telling friends she 'loved H as the father of her children but not as a woman loves a man.' In the months leading up to September 1998, W took to drinking with friends and staying out late. W began sleeping around. She slept with Ries. Ries described W as flirtatious, overly friendly and said she did not act like a married woman. W contacted Ries twice following the incident. Ries declined, having discovered W was married. On September 23, 1998, D's father suffered a heart attack and was taken to Sioux Valley hospital. W visited the family and ran into D. They met for lunch and W talked about her dissatisfaction with her job and marriage and W rubbed her leg against his during lunch. Quickly, they professed their love for each other and it is undisputed over the next several weeks D and W spoke hundreds of times. They planned a getaway to San Francisco and had romance and sex. D even suggested she get a job with another company. After that trip, they went back to a long distance romance. D laid it on thick and promised W a 'Brady Bunch' family and future. H and W meet with a counselor and it was clearly apparent that W was no longer vested in the marriage. W told D she was contemplating divorce. W told H about going to Europe for a job interview. W's sister-in-law and nephew were killed in a car accident. D who was in Sioux Falls for Thanksgiving, attended the funeral. It was then H began to suspect something. W admitted to H she was having an affair and they were planning to travel to Europe together. The trip lasted 10 days and W and D stayed together each night. D visited a Swiss bank to discuss opening an account so D could hide some of his money prior to his anticipated divorce. W moved out of the family home. In January, D testified he began having doubts about the affair and suggested they reconcile with their spouses. In April 1999, W moved back home and attempted counseling to save the marriage. On July 4, 1999, H gave W a diamond ring and begged her to stay and work things out. Later that month, when Todd returned to Sioux Falls for his sister's wedding, and W and D had sex in W's marital bed. H filed suit against D for alienation of affection. W moved out of the family home permanently in June 2000, and D sued for divorce on August 9, 2000. The jury returned a verdict in favor of D and awarded $450,000 in actual damages and $500,000 in punitive damages. D appealed.

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