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Veeder v. Kennedy2/24/1999
South Dakota Supreme Court Appeal from the Third Judicial Circuit, Codington County, SD Hon. Robert L. Timm, Judge
Affirmed
Argued Dec 1, 1998; Opinion Filed Feb 24, 1999
[ ] This is an appeal from a jury verdict in an alienation of affections case. Michael Veeder (Michael) brought suit against Myles Kennedy (Kennedy) for alienation of the affections of his former spouse, Julie Veeder (Julie). The jury returned a verdict for Michael granting compensatory and punitive damages totaling $265,000.00. Kennedy appeals. We affirm as to all issues.
FACTS AND PROCEDURE
[ ] Kennedy was a management employee of Norwest Bank (Norwest) from 1969 to 1995. In February 1989, Kennedy came to Watertown, South Dakota to head operations at the Watertown branch of Norwest. There he met Julie, who was also employed by Norwest as a personal banker. In 1990, the position of Consumer Banking Manager opened. Since Kennedy did not know the applicants, he relied on the recommendations of other Norwest employees. They recommended Julie for the position. Julie was offered the job by Kennedy and she accepted it.
[ ] Her new position required that Kennedy and she work closely together. Over three years they became close friends. In 1993, Julie and Kennedy became involved in a sexual relationship. The affair continued until May 1995. At the time both parties were married. Both Kennedy and Julie expressed their love for each other during this relationship.
[ ] Julie and Michael were married in 1975. They had three children. Julie testified that her disenchantment with the marriage started when the children were getting older and Michael was not involved with the family. She was raising the children and working full-time. Michael would spend weekend nights during the summer going to various automobile races, he was not involved in the religious upbringing of the children, he did not communicate with Julie and was always concerned about money. He also spent all of his week nights working at the family car wash. As a result Julie's feelings for her husband began to erode.
[ ] Michael testified that he did not realize there were problems in his marriage. Julie never gave any impression she was unhappy. He claimed the letters that Julie wrote to him after they separated showed she had not lost her affections for him before the affair with Kennedy. Michael contends that any problems in the Veeder marriage surfaced only after Kennedy began having an inappropriate relationship with Julie. She withdrew from Michael and was no longer herself. Michael claims that Julie was vulnerable to a predator such as Kennedy.
[ ] Michael brought suit for alienation of affections against Kennedy and Norwest. Before trial, Kennedy filed a motion for summary judgment. A motion to dismiss or in the alternative a motion for summary judgment was also filed by Norwest. After a hearing the trial court denied Kennedy's motion for summary judgment and granted Norwest's motion for summary judgment. After a trial, the jury returned a verdict of $265,000.00 against Kennedy. This figure is composed of $65,000.00 actual damages and $200,000.00 punitive damages. Kennedy filed a motion for a new trial. The motion was denied by the trial court.
[ ] Kennedy appeals, raising the following issues:
1. Whether public policy requires that South Dakota re-examine and abolish the tort of alienation of affections.
2. Whether the trial court erred in denying Kennedy's motion for a directed verdict.
3. Whether the trial court erred in denying Kennedy's motion for summary judgment.
4. Whether the trial cou
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