Lockhart v. Loosen

¶ 1 Concluding that the wife’s claim against her husband’s infection-bearing paramour is an actionable tort, the court reverses the nisi prius dismissal order and remands the cause for further proceedings. I recede from today’s pronouncement.

I

¶ 2 THE TRIAL JUDGE’S DECISION FOR THE DEFENDANT SHOULD BE AFFIRMED ON A THEORY NOT URGED AT NISI PRIUS.¶ 3 Every trial judge’s decision comes to a court of review clothed with a presumption of correctness. If supported by law and evidence, the nisi prius judgment will be affirmed even if it was based on an incorrect theory and neither party tendered…