Gorman v. McMahon

792 So. 2d 307, 2001 WL 350692
CourtCourt of Appeals of Mississippi
DecidedApril 10, 2001
Docket1999-CA-01761-COA
StatusPublished
Cited by8 cases

This text of 792 So. 2d 307 (Gorman v. McMahon) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gorman v. McMahon, 792 So. 2d 307, 2001 WL 350692 (Mich. Ct. App. 2001).

Opinion

792 So.2d 307 (2001)

Richard J. GORMAN, Appellant
v.
Charles Harry McMAHON, Jr., Appellee.

No. 1999-CA-01761-COA.

Court of Appeals of Mississippi.

April 10, 2001.
Rehearing Denied June 12, 2001.
Certiorari Denied August 16, 2001.

*309 Fred Mannino, Mary A. Nichols, Biloxi, for Appellant.

Michael C. Hester, Long Beach, for Appellee.

Before KING, P.J., BRIDGES and THOMAS, JJ.

BRIDGES, J., for the Court:

¶ 1. This is an appeal from the Circuit Court of Harrison County, Mississippi, First Judicial District, by Richard J. Gorman. On August 3, 1994, a complaint was filed by Charles Harry McMahon, Jr. against Gorman for alienation of affection, intentional infliction of emotional distress and negligent infliction of emotional distress. *310 In his complaint, Charles prayed to the court for both actual and punitive damages.

¶ 2. Before the trial in this matter, Gorman filed a motion seeking to limit Charles's damages to those damages that are traditional in a loss of consortium action. That motion was overruled and the court allowed proof of Charles's emotional and mental distress, loss of wages, medical expenses, divorce costs, attorneys fees and other expenses which he had incurred as a result of Gorman's relationship with Charles's wife, Louise. A two day jury trial was held in this matter and the jury found in favor of Charles and awarded him damages in the amount of $50,000. The jury did not award Charles any punitive damages. After this judgment was entered, Gorman filed this appeal before this court, citing the following issues:

1. Whether the jury's verdict was against the overwhelming weight of the evidence, thus necessitating reversal?

2. Whether the trial court improperly admitted evidence on the issue of damages which do not properly constitute damages for the loss of consortium thereby unfairly prejudicing the defendant?

3. Whether the trial court improperly struck two jurors "for cause?"

4. Whether the improper and deliberate inflammatory argument of plaintiff's counsel's closing argument at trial was unfairly prejudicial to the defendant thereby necessitating reversal?

5. Whether the cause of action for alienation of affection should be abolished?

FACTS

¶ 3. Charles and his wife, Louise, were married on May 26, 1984. This was the second marriage for Charles and the sixth marriage for Louise. In 1987, due to problems in their marriage, Louise moved out of their marital home and did not return for approximately three weeks. Louise again left the marital home in 1991 and, this time, did not return for roughly three months. Louise claims that she returned to the marital home on both occasions only because Charles had promised her that he would be "different." However, in September 1993, Louise was unhappy in their marriage and once more left Charles. Louise asked Charles for a divorce, although the parties dispute whether she did so in August or September of 1993. Louise made it very clear that she had no intention of again reconciling with Charles. Among the things which Louise cited as her reasons for asking Charles for a divorce were an unsatisfactory sex life, her claims that Charles practiced regular insurance fraud and the fact that she and Charles had no type of social life or loving relationship any longer. Louise stated that because of these things, she no longer had affection or respect for Charles and could not continue in the marriage.

¶ 4. On the other hand, Charles disputed these reasons given by Louise and insists that his marriage to Louise was indeed affectionate and that the two of them enjoyed socializing with friends on many occasions. Charles also denied that his sex life with Louise was suffering and he stated that the two of them went out together on occasions and even took a few trips together, one of which was a trip to Las Vegas shortly before their final separation in 1993. Charles even called witnesses at trial who testified that Charles and Louise appeared to be a very loving and affectionate couple. However, it is Louise's assertion that she had been unhappy in the marriage for some time before she left for good in 1993, and she stated that she did not feel affection for Charles as she had in the beginning of their marriage.

*311 ¶ 5. While still married to Charles, Louise began a romantic relationship with Gorman, a physician who had treated Louise's daughter for injuries she had previously sustained in a car accident. Louise and Gorman had an admitted sexual relationship with one another, and Gorman had rented an apartment for the two of them to meet for their encounters. Charles also alleges that Gorman bought Louise extravagant gifts while Charles and Louise were still married and that Gorman would make obscene gestures at him whenever the two men would cross paths. Charles also cites that only nine months after their divorce was final, Louise and Gorman adopted a child together, something that Charles and Louise were never able to do for financial reasons. Charles asserts that Gorman won Louise over with his money and luxurious lifestyle and that he simply could not compete for Louise's affections any longer.

¶ 6. Louise testified at trial that she, in fact, initiated the relationship with Gorman. Gorman and Louise both stated that Gorman was not receptive to her alleged advances at first and that Gorman even attempted to talk Louise into going back to Charles to try to make their marriage work. Louise asserts that she pursued the relationship with Gorman because she felt as if she had no husband and because she felt that she and Charles had no relationship anymore. Gorman denies Charles's allegations that he alienated Louise's affections and claims that he did absolutely nothing to interfere with Charles and Louise's marriage. Rather, it is Gorman's contention that Louise alone brought about any relations in which Gorman and Louise had engaged themselves. Further, Louise claims that Gorman could not have alienated her affections from her husband because, at the time that she began to pursue Gorman, she no longer had any affections or love for Charles.

¶ 7. A key point at trial involved the proper measure of damages for the tort of alienation of affection. Charles claims that he suffered from depression and that his work suffered because of Louise's affair and, as a result, his income decreased. Over the objection of Gorman, the trial court allowed Charles to put forth evidence of this emotional and mental distress and the related loss of wages, as well as proof of related medical bills, divorce costs, fees for private investigators, attorneys fees and the like. Gorman alleges that this was error on the part of the trial court because this evidence was not proper in an alienation of affection case. Gorman also alleges that two jurors were improperly struck "for cause" during voir dire. Further, Gorman claims to be aggrieved because it is his contention that Charles's counsel presented inflammatory arguments before the jury in his closing statement, intending to outrage the jury and divert their attention from the applicable law in this case. Gorman claims that these errors caused him to experience an unfair trial and caused the jury to wrongly find against him. Although Gorman has never denied his affair with Louise while she was still married to Charles, he asserts that he is not responsible for Louise's loss of affection for Charles because he did not initiate their relationship and because, as Louise testified, the marriage was essentially over when his affair with Louise began.

¶ 8.

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Bluebook (online)
792 So. 2d 307, 2001 WL 350692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorman-v-mcmahon-missctapp-2001.