Emotional Distress

In today’s video, attorney Ben Schwartz answers a viewers question regarding emotional distress.

Emotional Distress

Hi, I’m attorney Ben Schwartz,

Today we are going to take a question from Will in Wilmington, Delaware. Will emailed me with a report from CBS Sports. Essentially, the article says that a man files a lawsuit against Fletcher Cox over alleged seduction of his wife. For those you who don’t know, Fletcher Cox is a defensive tackle for the Philadelphia Eagles.

The article says the Philadelphia Eagles defensive lineman, Fletcher Cox is being sued for allegedly encroaching on another man’s marriage. According to The Charlotte Observer, Cox has been accused of seducing a North Carolina man’s wife and ruining their marriage, leading to substantial emotional distress. The plaintiff, Joshua Jeffords, says his formerly happy marriage began to fall apart once he learned that the 26-year-old Cox was communicating with his wife via text messages and Snapchat. Jeffords claims that Cox and his wife had sexually charged conversations including 2 text messages saying he wanted to get the woman pregnant.

Now, the question that is coming from Will to me is, I didn’t know that you could sue the man who is having an affair with your wife. Is that true and if so, how would that casework? The answer is that in some states like in North Carolina, you can sue for what’s called alienation of affection. If you’re in Delaware, Will you’re in Wilmington, Delaware, in Delaware, you can sue for alienation of affection. You could sue for a tort, a civil lawsuit, that is called criminal conversation. It’s a holdover from the sixteen and seventeen-hundreds, but it’s still a law on the books. It still exists, and you can sue for your emotional distress.

In this case, with this gentleman suing Fletcher Cox, the lawsuit alleges that the gentleman learned of the extramarital affair and became so emotionally distraught that he had to check himself into a psychological hospital for his emotional distress. So that guy has a lawsuit against Fletcher Cox and quite frankly it may be a successful lawsuit. Now, Will, you ask in the question, would I ever bring a lawsuit like that? I don’t understand if you’re asking me as an attorney would I bring the lawsuit or as a husband would I bring the lawsuit? As an attorney, yeah, I would look at a case like that because if some third party is coming into a happy marriage and ruining that marriage whether it be a man or a woman, I would definitely take a look at that. Society has an interest in people remaining in happy stable family situations. So, I would think that the person who’s being cheated on should have the right to sue the person who instigated the cheating.

I would be interested to know what people out there on the Internet think. Would you ever consider bringing a lawsuit like this? Do you think it’s something that should exist or do you think it’s something that we have no place for this in today’s society? It is something from the seventeen-hundreds, should it have stayed in the seventeen-hundreds? What’s your opinion? Leave us a comment on the video or send me an email Thanks for watching!

Emotional Distress

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