Disanti v. Cassidy
Decision Date | 18 June 1973 |
Docket Number | 7816 of 1972 |
Citation | 63 Pa. D. & C.2d 6 |
Parties | Disanti v. Cassidy |
Court | Pennsylvania Commonwealth Court |
Preliminary objections to complaint.
Bernard M. Berman, for plaintiff.
Howard Richard, for defendant.
Plaintiff commenced an action in trespass alleging criminal conversation between defendant and plaintiff's husband. Preliminary objections to the complaint were filed in the nature of a motion to strike the complaint by virtue of the inclusion therein of impertinent and irrelevant allegations, noncompliance with Pennsylvania Rule of Civil Procedure 1024, and for failure to state a cause of action. The objections are before us for disposition.
The complaint includes the following paragraphs which defendant contends are impertinent and irrelevant:
Defendant contends these paragraphs might be proper in an action for alienation of affections, but do not go to the elements constituting the cause of action for criminal conversation nor to the damages recoverable in such an action. She contends they should be stricken as scandalous, since they are unnecessary, citing Schwingen v. Piekarski, 13 D. & C.2d 617 (1957).
The grounds for recovery in an action for criminal conversation are the violation of the right of consortium, loss of services, injury to social position, impairment of family honor and mental suffering coming from the spouse's infidelity: Matusak v. Kulczewski, 295 Pa. 208, 15 A. 94 (1928).
The compensatory damages allowable in such an action are injury to the wife's social position, disgrace in the community where she lives or was engaged in business and dishonor to herself and her family: Karchner v. Mumie, 398 Pa. 13, 156 A.2d 537 (1959); Antonelli v. Xenakis, 363 Pa. 375, 69 A.2d 102 (1949).
" 'The lack of necessity for a physical debauchment distinguishes alienation of affections from criminal conversation.' " And, a single act of adultery is sufficient to entitle the husband of the woman to damages in an action against the adulterer for criminal conversation even though the husband sustains no further loss Antonelli v. Xenakis, 363 Pa. 375 at page 377; Restatement, Torts, § 683, Comment c; § 685,...
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