Legal Opinion

Weaver v. Union Carbide Corp.

West Virginia Supreme Court

Decided February 17, 1989No. CC981PublishedCited by 36 opinions

1Opinion of the Court

MILLER, Justice:

This certified case from the United States Fourth Circuit Court of Appeals 1 presents the question: May a wife maintain suit, based on a claim of malpractice or intentional interference with the marital relationship, against a marriage counselor who in the treatment of her husband engages in sexual relations that lead to the dissolution of the marriage? We conclude that such a suit is, in its essence, one for alienation of affections and is barred by W.Va. Code, 56-3-2a.

The facts of the case are summarized from the complaint. Nancy Weaver, the plaintiff, was at all relevant…

2Cases cited17 opinions

  1. Harless v. First National Bank in FairmontWest Virginia Supreme Court · 1982
  2. Destefano v. GrabrianSupreme Court of Colorado · 1988
  3. Jerrie M. Simmons v. United StatesCourt of Appeals for the Ninth Circuit · 1986
  4. Cotton v. KamblyMichigan Court of Appeals · 1980
  5. Horak v. BirisAppellate Court of Illinois · 1985

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3Cited by36 opinions

  1. Kessel v. LeavittWest Virginia Supreme Court · 1998
  2. Matthew v. HermanSupreme Court of The Virgin Islands · 2012
  3. St. Paul Fire & Marine Insurance Co. v. LoveSupreme Court of Minnesota · 1990
  4. McCracken v. Walls-KaufmanDistrict of Columbia Court of Appeals · 1998
  5. Bladen v. First Presbyterian Church of SallisawSupreme Court of Oklahoma · 1993

31 more not listed; retrieve them via the Exa API.

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