Day on Torts
I would say that this is a familiar story, but that would only be partially correct.
Ok, it starts out familar. Man has affair. He says he loves his girlfriend. He says he is going to leave his wife. He leaves his wife. He and his lover live together. They travel together. They talk about marriage. He says he will support her. But he doesn’t divorce his wife. He stays married. OK. But now we break from the story line we have heard in the past.
This goes on 23 years. That’s right, 23 years. He breaks off the relationship. He gives her some back end cash. She’s upset, and sues him for breach of the promise to marry, fraud, palimony, intentional infliction of emotional distress, and more.
The case is dismissed, and the appellate court affirmed the dismissal. Among other things, the Court held that breaking-up an extramarital affair is not outrageous conduct under Rhode Island law.
The case is Norton v. Mcosker; the case number is 03-2281.
By the way, the defendant died while the case was pending. ‘Must have been quite a funeral.