Mcdermott v. Reynold

530 S.E.2d 902 (2000)

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

P had been married to W for 18 years and had three children. P was informed by D's wife that D and W were at a motel. P confronted D and demanded that D cease relations with W. P claimed that D did not end the relationship but proceeded to flaunt it outwardly. P claimed that this caused severe embarrassment and humiliation to P and his three children. P claimed that D acted maliciously with the intent to cause severe emotional distress. P claimed as a result of this distress he suffered loss of weight and could not sleep and loss of job efficiency and the eventual breakup of his marriage. P sued D for intentional infliction of emotional distress based on D's conduct of having an adulterous relationship with P's wife. D moved to dismiss the action as one for alienation of affection which was no longer permitted under the code. The motion to dismiss was granted. P appealed.