By Elliot Millner on Mar 25th 2010 10:47AM
Filed under: News
A North Carolina woman recently won $9 million in damages from the mistress that her husband had a long-term affair with. The damages were awarded based on "alienation of affections," a law that only exists in North Carolina and a handful of other states. The damages were based on the mistresses' interfering in the couple's marriage, in addition to the "severe emotional distress" the wife was subjected to upon discovery of the affair.
For many who already think that this country is litigation crazy, this case will likely end up being cited right along with the McDonald's hot coffee case to prove that point. However, that would not be a fair assessment of this ruling. Claims for emotional distress can take a variety of forms, and often are deserving of a monetary award for damages. Although the damage is not visible like with a physical injury, emotional distress can have a long-lasting negative impact on the person injured. If an individual can win an emotional distress claim for being harassed, or stalked, or simply observing something traumatic, then it seems reasonable that they may be compensated for the emotional distress stemming from being cheated on by their husband or wife. Though it can be debated whether $9 million is a reasonable amount, the reality is that this woman will likely see very little of that award. This decision was more a statement of what the jury thought of the mistress and her knowing participation in helping to potentially destroy a marriage (I say potentially because though the couple is separated, they have not finalized the divorce yet according to the report).
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The most obvious issue with this award is with who wasn't sued. The mistress, although wrong, had made no commitment or taken any vows to be faithful to anyone; the husband did. Yet, the law only addresses the man or woman who comes from outside the marriage to participate in the affair. This tends to support the argument of some that the law is antiquated and out of touch with current times, in that it paints a picture of a happily married couple that is preyed upon by some random, immoral person who manipulates the husband or wife into an act of adultery. I don't know if that was ever the case, but it's definitely not the reality in most cases today. The North Carolina law makes more sense if applied equally to the cheating spouse, who is not a 'victim' by any stretch of the imagination.
The root issue of this case and the award given is the increasing frustration that many have with the lack of respect for marriage/committed relationships, and the ease with which many people will cheat on their significant other, in addition to the general tolerance of such behavior. Most states are not like North Carolina, where you can sue the person who your spouse has an affair with, and that is unlikely to change. This is a moral issue, and court ordered punishments will have little impact on changing the morals or values of anyone.
The $9 million award this wife received is good for her; however extramarital cheating is unlikely to go down because of it, even in North Carolina.
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By: MS PEGGY on 3/26/2010 1:10PM
My heart goes out to this poor woman whose heart was broken. At least she used a law and the courts and not an act of violence to soothe her hurt and pain. Letting it out, letting it go, talking about it, journaling and praying are all healthy ways of healing. The last step involves crying and tears though. Bless her heart. I truly hope she knows the LORD and the Comforter (Holy Ghost/Spirit) to help her get through her ordeal else she might turn to destructive things like alcohol, drugs, risky sex, etc., to soothe her pain. Those vices will only prolong her suffering. BTW, does the mistress actually have $9 million? Even if she did, the ex-wife shouldn't have any bonds with the mistress if she wants to move on with her life healthy and a better person because of her experience instead of being a bitter person. She divorced the husband. She needs to divorce herself and her life from that mistress too. No amount of money is worth your peace of mind. If my some remote chance she received a dime from the mistress, every time she received the check her wound would be reopened and she might never get healed. Bless her heart!
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