Cedar v. Johnson

Summary

The Supreme Court of South Dakota reviewed an alienation-of-affections action arising from the end of Jerry Cedar’s marriage to Leslie Cedar. The court held that Cedar presented sufficient evidence of noneconomic damages, specific intent, and causation to submit the claim to a jury, and that South Dakota’s statutory cause of action under SDCL 20-9-7 did not violate public policy. The court affirmed in part, reversed in part, and remanded.

Holdings

1. A plaintiff in an alienation-of-affections action need not present a specific dollar amount of noneconomic damages to submit the damages issue to the jury. Evidence establishing the fact and nature of loss, including loss of consortium and emotional injuries, is sufficient; uncertainty as to the amount does not bar recovery.
2. The evidence created jury questions regarding whether Johnson engaged in wrongful conduct with specific intent to alienate Leslie's affections from Cedar and whether that conduct caused the loss of affection. Judgment as a matter of law was therefore improper on liability and causation.
3. The court declined to abolish or invalidate South Dakota's alienation-of-affections cause of action on public-policy grounds and affirmed the circuit court's denial of Johnson's motion to dismiss.

Questions Presented

1. Whether Cedar presented sufficient evidence of the nature and extent of damages to submit his alienation-of-affections claim to the jury despite not presenting a specific monetary amount.
2. Whether the evidence was sufficient to create jury questions concerning Johnson's specific intent to alienate Leslie's affections and causation.
3. Whether South Dakota's alienation-of-affections cause of action under SDCL 20-9-7 violates public policy.

Disposition

reversed_and_remanded