HENDERSON V. HENDERSON 1996 WL 936966 (1996) CASE BRIEF

HENDERSON V. HENDERSON
1996 WL 936966 (1996)
NATURE OF THE CASE: Brian (H), former husband, filed a motion to strike Susan's (W), former wife's, claim for punitive damages in W's defamation action against H.
FACTS: H and W were married in 1967 and had two children, both of whom are now adults. H and W subsequently separated on October 28, 1989, and were officially divorced on May 15, 1991. After the parties were separated in October 1989, H began to send correspondences to W at her sister's residence, where she was living at the time, and later to a home she shared with their daughter. H referred to her as 'wacco' and 'Sue T. Whore' on the envelope. H also wrote numerous letters and correspondences to the daughter referring to W as 'wacco' and 'the whore.' H sent copies of a letter to W's father and her sister referring to W as 'Sue the whore,' and copies of other letters to the W's father and stepmother claiming W had mental problems. W sued D for defamation. H moved to strike W's claim for punitive damages.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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