Matthew v. Herman
2012 V.I. Supreme LEXIS 43
Supreme Court of The Virgin Is...2012Background
- Herman sued Matthew in Virgin Islands Superior Court for alienation of affection and criminal conversation arising from Matthew's alleged affair with Herman's wife.
- Jury awarded Herman $125,000 (75k alienation, 50k criminal) and costs; judgment entered July 17, 2009.
- Matthew challenged, arguing VI should not recognize the amatory torts and that Herman lacked proof of elements.
- The court reserved ruling on the abolition issue; Matthew preserved the issue by timely trial motions to dismiss.
- The Virgin Islands Supreme Court applied Banks v. International Rental & Leasing Corp. framework to assess recognition of the torts, and concluded the torts should not be recognized, citing widespread abolition and policy concerns.
- Court vacated the judgment and remanded with instructions to dismiss; discussed repeal of 5 V.I.C. § 856(a)(2) but held it does not affect authority to refuse recognition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VI recognizes alienation of affection and criminal conversation | Herman argues Restatements are incorporated and recognize the torts. | Matthew contends VI should not recognize amatory torts; Banks factors weigh against recognition. | VI declines to recognize the amatory torts; trial court erred by not dismissing. |
Key Cases Cited
- Banks v. International Rental & Leasing Corp., 55 V.I. 967 ((VI. 2011)) (adopts Banks framework to decide adoption of Restatement provisions)
- Doe v. Doe, 358 Md. 113 ((Md. 2000)) (abolition of amatory torts in many jurisdictions)
- Weaver v. Union Carbide Corp., 180 W. Va. 556 ((W.Va. 1989)) (majority abolition of alienation of affections)
- Gilbert v. Barkes, 987 S.W.2d 772 ((Ky. 1999)) (statutory acknowledgment does not make common law tort.)
- Thomas v. Siddiqui, 869 S.W.2d 740 ((Mo. 1994)) (abolition by state courts does not depend on statutes)