760 S.E.2d 883
W. Va.2014Background
- Mark Miller sues Justin Golden for criminal conversation, adultery, and breach of fiduciary duty; New York Life is sued for negligent training and supervision and respondeat superior liability.
- Maria Miller, the Millers’ former wife, had an affair with Golden after Maria’s annuity with New York Life was opened, and Mr. Miller later divested certain property interests in a divorce finalized in 2011.
- Miller’s 2012 complaint sought damages including attorneys’ fees and costs related to the dissolution of the marriage.
- Circuit Court denied Golden and New York Life's summary-judgment motions in January 2014; Golden sought prohibition arguing all claims are alienation-of-affections claims barred by WV Code § 56-3-2a.
- Weaver v. Union Carbide and Weaver’s reasoning, along with the abolition of alienation-of-affection suits, guided the court to grant the writ and rule that criminal conversation and adultery are not viable causes of action in West Virginia.
- The Court held that criminal conversation and adultery are, in essence, alienation of affections, and because alienation-of-affections claims are abolished, these torts are invalid in WV.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether criminal conversation/adultery claims survive WV abolition. | Miller argues criminal conversation is distinct from alienation of affections and survives §56-3-2a. | Golden argues all such claims are abolished as alienation-of-affections by §56-3-2a. | Criminal conversation and adultery are abolished as alienation-of-affections claims; writ granted. |
| Is the adultery claim viable given repeal of WV Code §61-8-3? | Adultery occurred before repeal and remains actionable. | Statute repealed; no adultery claim exists. | Adultery claim is not viable; the repeal supports dismissal. |
| Can breach of fiduciary duty stand where no fiduciary relationship exists? | Miller alleges fiduciary duty based on beneficiary status; misconduct undermines marriage. | No fiduciary relationship shown; claim is essentially alienation-of-affection. | Dismissed; no fiduciary-duty claim independent of alienation-of-affection. |
| Are New York Life's claims derivative of Golden’s conduct and thus barred? | Golden’s acts caused the alleged damages; NY Life is liable under agency theory. | If Golden’s tort is not actionable, NY Life cannot be liable. | Derivative claims fail; no viable underlying tort supports NY Life liability. |
Key Cases Cited
- Weaver v. Union Carbide Corp., 180 W.Va. 556 (1989) (established that all suits for alienation of affections are abolished under §56-3-2a)
- Kuhn v. Cooper, 141 W.Va. 33 (1955) (distinction between alienation of affections and criminal conversation; criminal requires adultery)
- Ohlinger v. Roush, 119 W.Va. 272 (1937) (criminal conversation suitability and evidentiary limits; early articulation)
- Morningstar v. Black & Decker Mfg. Co., 162 W.Va. 857 (1979) (recognized court’s power to alter common law in light of modern conditions)
- Elmore v. State Farm Mut. Auto. Ins. Co., 202 W.Va. 430 (1998) (fiduciary-duty framework; fiduciary relationship must be shown)