Why didn't he sue his fiance for the emotional distress she caused him? It's not like Antoine forced himself on her.
There is old case law that supports damages when someone "breaks up" an engagment.
Harkens back to the days when women were property, but its still there. Similar to how engagment rings are the one type of gift that can be required back in many states.
Right, but from my albit limited understanding of Tort law as a 2L, he's going to have trouble proving "intentional infliction of extreme emotional distress" which is what he needs to prove to recover in this situation.
There's plenty of case law saying that the affair is not nearly enough on it's own (that's why walker "laughing at him about it" is emphasized so heavily in the complaint)
he's going to need to show a jury that walker intentionally caused him such extreme emotional stress that he suffered a real, tangible harm (like mental damage manifesting in sleepless nights, a medical condition, other medical problems reasonably related to the conduct...)
On top of that, he has to prove damages. He's most likely not getting punitive, thats saved for egregious conduct that "grossly offends the moral standards of a reasonable community". Thats not an affair in this day and age, and i struggle to see it being the subject of ridicule by the guy who did it. contrary to popular belief punitive is hard to get in most cases, and doubly so in these kind of "mental trama" cases which the court is always somewhat skeptical on.
So he's going to have to prove some sort of real, tangible damage (medical bills, lost wages, ect) to recover.
This whole complaint stinks of a Lawyer taking a guy for a buck and saying "of course we'll win, he'll settle!".
You could hope to get a jury that just flat out hates pro athletes at trial, but im not even convinced from this complaint that it survives summary judgment and reaches a jury.
you could also hope that if you can get this weak complaint past summary judgment that walker would just pay it off to have the details stay out of the trial record I suppose.
Disclaimer: above is from a lowly law student and based on a one semester torts class. Roy or one of our other real lawyers probably has a much more complete handle on the issue
Topic: Antoine being sued over an extramarital affair! (Read 4518 times)