DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022857P.pdf 09/03/2003 Richard M. Jones v. Todd V. Swanson
U.S. Court of Appeals Case No: 02-2857
District of South Dakota
Civil case - Alienation of affection. Evidence was sufficient to
prove defendant's liability for the tort of alienation of affection;
jury was correctly instructed on the elements of alienation of
affection and proximate cause; district court did not abuse its
discretion in excluding evidence of plaintiff's extra-marital
affair which occurred after he filed for divorce but before the
divorce was finalized; compensatory damage award was out
of line with the evidence and other South Dakota verdicts, and
the court orders a remittitur from $450,000 to $150,000; while
an award of punitive damages was supported by the evidence,
an award of $500,000 was not justified, and the court orders
a remittitur to $250,000.