Summary
relying on the logic of our earlier decision in Wyman v. Wallace, supra, to conclude that criminal conversation is still a viable cause of action
Summary of this case from Wyman v. WallaceOpinion
No. 2470-3.
January 30, 1979.
[1] Husband and Wife — Criminal Conversation — Action for Damages — Validity. An action for damages for criminal conversation exists as part of the common law of this state.
Nature of Action: The plaintiff sought damages for criminal conversation based upon conduct between the defendant's employee and the plaintiff's wife.
Superior Court: The Superior Court for Spokane County, No. 234440, Donald N. Olson, J., on June 10, 1977, dismissed the action as no longer existing in this state. Court of Appeals: Holding that the tort of criminal conversation is still a part of the common law of this state, the court reverses the dismissal.
Ford Owens and R. Bruce Owens, for appellant.
Witherspoon, Kelly, Davenport Toole and Robert H. Lamp, for respondents.
Plaintiff Gary E. Almstrom brought an action against the defendants based on criminal conversation for an act arising between an employee of defendant Community Personal Guidance Center and Almstrom's wife, who was an inpatient of the center. The trial court dismissed the action on the basis that there no longer exists such an action in the state of Washington. We reverse.
[1] For the reasons expressed in Wyman v. Wallace, 91 Wn.2d 317, 588 P.2d 1133 (1979), reversing 15 Wn. App. 395, 549 P.2d 71 (1976), the Supreme Court held that alienation of affections is still a viable cause of action in the state of Washington. We hold the same basis applies to the common-law action of criminal conversation. Therefore, without unduly lengthening this opinion, we adopt the rationale set forth in Wyman and hold it is applicable to an action for criminal conversation.
The Supreme Court, having held that the abolition of the tort of alienation of affections is a matter for the legislature, not the courts, we find Bearbower v. Merry, 266 N.W.2d 128 (Iowa 1978) and Fadgen v. Lenkner, 469 Pa. 272, 365 A.2d 147 (1976), to be unpersuasive.
Judgment is reversed.
GREEN, C.J., and ROE, J., concur.
Reconsideration denied February 27, 1979.