Nash v. Baker

522 P.2d 1335 (1974)

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Nature of the Case

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Facts

P alleged that she and James Nash had been husband and wife for about 18 years and had five children (the minor plaintiffs) of that union. P also alleged that D, a wealthy widow, who knew or should have known of the marriage and children, lured James Nash away from Ps by providing said James Nash with a finer home, sexual charms, and other inducements. P sought to recover actual and punitive damages in her own right for the alienation of her husband's affections, loss of consortium, and loss of a prospective increased standard of living. In addition, as next friend of her children, she sought recovery of actual and punitive damages under the common law for alienation of their father's affections, interference with their family relationships, and 'loss of the society, affection, assistance, moral support and guidance' of their father. The trial court sustained D's demurrer as to each of the minor Ps' asserted causes of action and overruled it as to P's suit in her own right. The latter suit was tried to a jury, resulting in a verdict for D. The only questions before this court deal with whether any cause of action may be maintained on behalf of the minor children of a marriage, against a woman who entices away their father from the marital home.