## Facts

- Johnny Valentine and Sandra Day married in 1993 and had a son (J.V.) in 1995.
- Day began working for Jerry Fitch, Sr. in 1997; Valentine alleged Day and Fitch began a prolonged adulterous affair during her employment.
- Valentine asserted Fitch provided Day significant money and gifts and that these inducements contributed to the deterioration of the marriage.
- Day became pregnant and gave birth to a second child (K.V.); Valentine initially believed he was the father and formed a parent-child relationship with K.V.
- After the couple separated, testing established Valentine was not K.V.’s biological father; Valentine offered to raise K.V. if Day ended the affair, but she refused.
- A divorce was granted to Valentine on the ground of adultery, with a finding that the adultery caused the breakup of the marriage.
- Valentine sued Fitch for alienation of affections, alleging intentional interference that destroyed the marriage and damaged his familial relationships.
- A jury awarded Valentine $642,000 in compensatory damages and $112,500 in punitive damages; the trial court entered judgment for $756,500 and denied post-trial motions.

## Issues

1. Whether the tort of alienation of affections should be abolished in Mississippi.
2. Whether the evidence and jury instructions were sufficient to support liability for alienation of affections.
3. Whether the compensatory and punitive damages awards should be reversed or reduced.

## Decision

- The Supreme Court of Mississippi affirmed the judgment for Valentine.
- The court declined to abolish alienation of affections, holding it remains a recognized cause of action in Mississippi.
- The court held the record contained sufficient evidence for the jury to find Fitch’s wrongful conduct caused the loss of Valentine’s marital relationship and related consortium interests.
- The court upheld both compensatory damages (including losses tied to consortium and family relationships) and punitive damages, finding no basis for reversal or remittitur.

## Legal Principles

- Alienation of affections remains a viable Mississippi tort protecting marital consortium interests from intentional interference by a third party.
- The plaintiff must prove: (1) wrongful conduct by the defendant, (2) loss of affection/consortium, and (3) a causal connection between the conduct and the loss.
- Appellate courts defer to the jury on credibility and resolution of conflicting testimony and will not reweigh evidence where a reasonable basis supports the verdict.
- Punitive damages may be sustained where the defendant’s conduct is intentional and sufficiently blameworthy to warrant punishment and deterrence, and the amount is not excessive under state standards.

## Conclusion

The court reaffirmed Mississippi’s continued recognition of alienation of affections and affirmed a jury verdict finding that a third party’s intentional affair-related conduct caused the breakdown of a marriage, supporting substantial compensatory damages and a punitive award.


Fitch v. Valentine, 959 So. 2d 1012 (Miss. 2007)