Summary
The North Dakota Supreme Court affirmed dismissal of Karl Moseng’s negligence and negligent infliction of emotional distress claims against Lynn Frey and Hartland Mutual Insurance Company. The court held that the claims were legally insufficient because they were disguised alienation-of-affections claims based on marital infidelity, and North Dakota law abolishes such claims.
Holdings
- Karl Moseng's claims are legally insufficient because they are disguised claims for alienation of affections, which have been abolished by N.D.C.C. § 14-02-06.
Questions Presented
- Whether the district court erred in granting the motions to dismiss Karl Moseng's claims for negligence and negligent infliction of emotional distress because the claims were legally insufficient as masked alienation of affections claims.
Disposition
affirmed
Cases Cited (5)
- Hale v. State, 2012 ND 148, 818 N.W.2d 684(followed)
- Ziegelmann v. DaimlerChrysler Corp., 2002 ND 134, 649 N.W.2d 556(cited)
- Gasper v. Lighthouse, Inc., 73 Md. App. 367, 533 A.2d 1358 (1987)(followed)
- R.E.R. v. J.G., 552 N.W.2d 27 (Minn. Ct. App. 1996)(quoted)
- Quinn v. Walsh, 49 Mass. App. Ct. 696, 732 N.E.2d 330 (2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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