Type of Action: Alienation of affections

Type of Injuries: Loss of affection; economic cost of divorce

Court/Case #/Date: St. Louis County Circuit Court/63044/October 26, 1994

Caption: DeWitt v. Kimes

Judge or Jury Case: Jury

Name of Judge: Emmett M. O'Brien

Damages Claimed: $90,000 for loss of wife's love and affection

Settlement or Verdict: Jury verdict for defendant

Highest Settlement Offer: $3,000

Last Offer/Demand: $30,000

Attorney for Defendant: Stephen G. Bell, St. Louis

Plaintiff's Experts: None

Defendant's Experts: None

Facts of the Case: Plaintiff, then in his early 60s, and his wife had been married about 15 years, when plaintiff consented to a visit from defendant, a man the wife had met when she served in Vietnam. After a seven-day stay in plaintiff's home during April 1992, defendant returned to California, but he continued to correspond with the wife. In May 1992, the wife told plaintiff she no longer loved him, and wanted to go her separate way. Plaintiff soon filed for divorce, alleging eight reasons why the marriage should be dissolved, including one allegation the wife was having an affair.

While the divorce was pending, plaintiff sued defendant, claiming he and his wife had had a good marriage until defendant alienated her affections. He claimed damages of $90,000, including $15,000 for attorney's fees on the divorce (unpaid at the time of trial), plus compensation for loss of his wife's society, comfort, guidance and counsel, and punitive damages.

The wife testified defendant had nothing to do with her loss of affection for plaintiff. She did travel to California for 63 days, but spent only seven days visiting defendant, and claimed she has no continuing relationship with him. The 45-year-old defendant had written romantic letters to the wife in St. Louis, saying he loved her but did not want to intermeddle; he told her that if she sought a divorce, he would support her. At trial, wife admitted she had been romantically involved with defendant.