814 N.W.2d 128
S.D.2012Background
- Rumpca sues Brenner for alienation of affections in SD.
- Kellie and Doug Rumpca married in 1990; Kellie unhappy in marriage by 1990s.
- Brenner, initially married to Christina, becomes Kellie’s friend; contact increases, including phone calls and activities.
- Kellie and Brenner had sexual relationship in July 2009; Kellie filed for divorce October 2009.
- Circuit court granted Brenner summary judgment, finding Kellie had no affections for Rumpca to alienate.
- Rumpca appeals, alleging genuine issues of material fact exist on Kellie’s affections and punitive damages discovery.]
- Note: The court remands for trial on the issues of affections and punItive damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kellie had affections for Rumpca Brenner could alienate | Rumpca: Kellie loved him; relationship began before Brenner’s conduct | Brenner: Kellie was unhappy but lacked lasting affections to alienate | Genuine issue of material fact exists; remand for trial. |
| Whether punitive damages discovery was appropriate given the facts | Rumpca sought discovery on punitive damages | Court denied discovery as to willfulness/malice at summary stage | Not resolved; remanded for consideration at final judgment. |
Key Cases Cited
- Pankratz v. Miller, 401 N.W.2d 543 (SD 1987) (enticesment element in alienation of affections)
- State Farm Fire & Cas. Co. v. Harbert, 2007 S.D. 107, 741 N.W.2d 228 (SD 2007) (elements of tort claim; loss of affection requirement)
- Veeder v. Kennedy, 589 N.W.2d 610 (SD 1999) (torts with factual disputes; genuine issues of material fact)
- Fisher v. Kahler, 641 N.W.2d 122 (SD 2002) (summary judgment standard; review on appeal)
- Luther v. City of Winner, 674 N.W.2d 339 (SD 2004) (weighing conflicting evidence; favorable view to nonmoving party)