Metzger v. Fitzsimmons

This is an appeal by plaintiff, H. Earle Metzger (Metzger), from an order dismissing with prejudice two counts of a three-count amended complaint filed against defendant, Daniel Fitzsimmons (Fitzsimmons).

Metzger filed a three-count complaint charging Fitzsimmons with alienation of Metzger’s wife’s affections (count I); the tort of emotional distress (count II); and for punitive damages (count III). Fitzsimmons filed an amended motion to strike and dismiss the complaint. On June 12, 1987, the trial court granted Fitzsimmons’ motion to strike count I of the complaint, but granted Metzger leave…