Kunnanz v. Tuff

317 N.W.2d 804, 1982 N.D. LEXIS 261
CourtNorth Dakota Supreme Court
DecidedMarch 25, 1982
DocketCiv. No. 10070
StatusPublished

This text of 317 N.W.2d 804 (Kunnanz v. Tuff) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kunnanz v. Tuff, 317 N.W.2d 804, 1982 N.D. LEXIS 261 (N.D. 1982).

Opinion

PAULSON, Justice.

Hygenus Kunnanz [Gene] commenced an action against Lori (Mrs. Dennis) Tuff [Lori] for alienation of affections.

Prior to the trial of the action for alienation of affections, Lorraine Kunnanz commenced an action for divorce against Hy-genus Kunnanz in 1978. Thereafter, Gene answered the divorce complaint by filing an answer, counterclaim, and cross-complaint; together with a third-party claim against Lori Tuff. The divorce action and the third-party claim, which alleges alienation of affections, were severed by the trial court. The divorce action was settled. The decree of divorce, among other things, provided that the custody of the three minor children of the Kunnanzes, that is, Douglas Wayne Kunnanz, born August 12, 1962; Kevin Keith Kunnanz, born August 29, 1964, and Steven Craig Kunnanz, born November 12, 1965, was granted to Lorraine [805]*805Kunnanz, subject to reasonable rights of visitation granted to Gene; and it further provided that Lorraine would have the use and occupancy of the home, which would be held in joint tenancy until the youngest child attained the age of eighteen years.

The third-party claim alleges that Gene and Lorraine had been married for 20 years; that Lorraine and Lori had become very close friends the last four years and, consequently, Lorraine had abandoned her family and husband; that Lori has advised Lorraine not to listen to Gene and not to pay any attention to the family and, further, that Lori’s actions destroyed the marriage and resulted in the divorce, all of which caused great mental suffering on the part of Gene, to Gene’s damage. Lori interposed an answer, as well as an amended answer, which generally denies the allegations that Lori’s actions have in any manner interfered with the Kunnanz marriage and alleges that the Kunnanz marital problems were caused by Gene, and that Gene had slandered Lori, and such slanderous statements have caused Lori great mental and emotional harm; and, as a result, Lori prayed for general damages and exemplary damages. A reply denying the counterclaim was timely filed.

As heretofore mentioned, the trial commenced on April 16, 1981. Jeffrey James Kunnanz, second oldest son of Gene and Lorraine, born July 29, 1960, testified that there were five children in the family, namely, Rodney Gene Kunnanz, born May 29, 1959; himself; Douglas Wayne Kun-nanz, born August 12, 1962; Kevin Keith Kunnanz, born August 29, 1964; and Steven Craig Kunnanz, born November 12, 1965. Jeffrey testified that he was 20 years of age, that he had finished high school in Rugby and then moved to the State of Washington in July of 1979; that he has known the defendant, Lori, for the past six or seven years; that when Lori started coming to the Kunnanz home in the early ’70’s, the social relationship between his father and mother grew steadily worse because his mother was always with Lori, and when his parents associated with other couples, his mother usually wanted to include Lori, and that Lori had to be included in everything the family did, according to his mother’s wishes. Jeffrey testified that Lori was the person who usually came over to the Kunnanz home and would be there for coffee nearly every afternoon, and that if he came in to watch television, Lori would be sitting in the front room and would inform him to get out; or if he desired to listen to stereo, he was not allowed in the room with the stereo or in any other room where they were sitting. He stated that his mother’s actions were never like that before Lori had become acquainted with the family. He testified that normally his mother just came home in time for supper and she left for bingo, or some other place after supper, with Lori which was on the average of four or five times a week; that his mother was not normally home on Saturdays; that Lori would arrive at the house in her automobile and both of them would leave in Lori’s car; that his mother would usually state that they were leaving town and were going to Minot or sometimes would state that it was none of his business; that his father never accompanied them on these trips and they would return home usually late in the evening. He stated this was a constant thing and was a subject continually discussed between his father and mother, and their disagreements were centered around his mother’s spending too much time with Lori. He testified that one time when he was parked in the family driveway and Lori parked her car behind him and he asked her to move and Lori objected to his parking his car there and she wouldn’t move her ear, his mother came out and stated as she was leaving with Lori that when she got home he had better not be there.

Jeffrey testified that there were many phone conversations between Lori and his mother and that he would know as soon as his mother answered the phone with whom she would be talking; that she told his father to get off the phone while she was talking with Lori; that his mother was gone most weekends to Minot over a period of a year and a half and that this was true [806]*806even before the divorce action was commenced, and the last several months he was home the disagreements became more severe and more frequent. He testified that Lori was the cause of the dissension between his parents, that it resulted from Lori’s actions, and that Lori caused the breakup of the marriage.

On cross-examination Jeffrey reiterated his statement that the breakup of his parents’ marriage was caused by Lori.

Douglas Wayne Kunnanz testified that he still resided at home but his mother informed him that if he testified at the trial, he would have to move from the home and that if he did so, she never wanted to see him again. He stated that Lori was nearly always at the family home for coffee; that Lori and his mother went to Minot nearly every Saturday during the last several years; that his mother would prepare 15-minute meals mostly, consisting of hot dogs or hamburgers. He further testified that when Lori was in the Kunnanz home she acted more like a boss than a guest and he verified Jeffrey’s testimony concerning Lori’s informing them to leave any room where she and their mother were together visiting or having coffee. Douglas also stated that the family relationship deteriorated after Lori began interfering with the family. He said he informed his mother and father that Lori was interfering too much in family affairs, and was causing family trouble.

Kevin Keith Kunnanz testified that he heard his mother tell Douglas that, if he were going to testify against Lori, that Douglas would have to leave home and not return and that that also applied to him, Kevin; and, further, he stated that his mother was gone almost every Saturday. He also testified that Lori had used vulgar language in making reference to his father in connection with this action being filed against her.

Rodney Gene Kunnanz testified on behalf of his father, stating that he left Rugby in March of 1979 and lived in the State of Washington. He stated that his mother and Lori became close friends when they worked at the Haaland Home; that his mother’s association with Lori became substantially more frequent when they worked at the clinic in Rugby; that Lori and his mother traveled to Minot, Harvey, Devils Lake, or Towner on weekends, but his father did not accompany them; that everything about the trips was prearranged by his mother and Lori. He testified that there was little dissension between his parents prior to Lori’s interference in the family relationship which resulted in the divorce.

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Bluebook (online)
317 N.W.2d 804, 1982 N.D. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kunnanz-v-tuff-nd-1982.