Jones v. Swanson

341 F.3d 723 (2003)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Donna (W) and D grew up a small rural South Dakota community. They became romantically involved for a short time in 1977 upon W graduating from high school. They rekindled the romance in 1978 and again dated for a short time. The relationship ended in 1978, and the two did not see one another for twenty years until 1998. D became an orthopedic surgeon and moved to Las Vegas, Nevada. He married and raised a family. W met H shortly after the relationship with D ended and was married to him in 1981. H and W have four children, and H works as a hospital administrator, and W works as a nurse. By 1998, W believed she and H were no longer close. W was dissatisfied with her job and marriage. W admitted telling friends she 'loved H as the father of her children but not as a woman loves a man.' In the months leading up to September 1998, W took to drinking with friends and staying out late. W began sleeping around. She slept with Ries. Ries described W as flirtatious, overly friendly and said she did not act like a married woman. W contacted Ries twice following the incident. Ries declined, having discovered W was married. On September 23, 1998, D's father suffered a heart attack and was taken to Sioux Valley hospital. W visited the family and ran into D. They met for lunch and W talked about her dissatisfaction with her job and marriage, and W rubbed her leg against his during lunch. Quickly, they professed their love for each other, and it is undisputed over the next several weeks D and W spoke hundreds of times. They planned a getaway to San Francisco and had romance and sex. D even suggested she get a job with another company. After that trip, they went back to a long-distance romance. D laid it on thick and promised W a 'Brady Bunch' family and future. H and W meet with a counselor, and it was clearly apparent that W was no longer vested in the marriage. W told D she was contemplating divorce. W told H about going to Europe for a job interview. W's sister-in-law and nephew were killed in a car accident. D who was in Sioux Falls for Thanksgiving attended the funeral. It was then H began to suspect something. W admitted to H she was having an affair and they were planning to travel to Europe together. The trip lasted 10 days, and W and D stayed together each night. D visited a Swiss bank to discuss opening an account so D could hide some of his money prior to his anticipated divorce. W moved out of the family home. In January, D testified he began having doubts about the affair and suggested they reconcile with their spouses. In April 1999, W moved back home and attempted counseling to save the marriage. On July 4, 1999, H gave W a diamond ring and begged her to stay and work things out. Later that month, when Todd returned to Sioux Falls for his sister's wedding, and W and D had sex in W's marital bed. H filed suit against D for alienation of affection. W moved out of the family home permanently in June 2000, and D sued for divorce on August 9, 2000. The jury returned a verdict in favor of D and awarded $450,000 in actual damages and $500,000 in punitive damages. D appealed.