This section contains the nature of the case and procedural background.

H and W were married in 1984. They had one child. H is a licensed physician. In November of 1988, H and LaGasse began an extra-marital affair, which they kept secret from W for approximately five months. H engaged in sexual intercourse with W and also with LaGasse. W discovered the affair in the spring of 1989. H admitted the relationship and stated he wanted a divorce. H and W were married in 1984. They had one child. H is a licensed physician. In November of 1988, H and LaGasse began an extra-marital affair, which they kept secret from W for approximately five months. H engaged in sexual intercourse with W and also with LaGasse. W discovered the affair in the spring of 1989. H admitted the relationship and stated he wanted a divorce. W asked that the decree award her spousal maintenance, child custody, and child support. W asserted additional counterclaims to recover damages for the tortious interference with her marital relationship and for her emotional distress suffered as a result of her fear of contracting sexually transmitted diseases. The magistrate transferred the matter to the district court. The district court retained W's action for damages. W filed an amended pleading joining H's mistress, Jill LaGasse, as an additional party counterdefendant. H claimed the amended pleading failed to state any claim upon which relief could be granted. W pled theories of recovery based on the right to damages for the intentional interference with and invasion of her marital relationship. W claimed damages for her emotional distress resulting from the fear that she may have contracted AIDS, herpes, or other sexually transmitted diseases. The district court dismissed W's action. W appealed.

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