Thomas Muchisky v. Stephen Kornegay by Court of Appeals of Missouri

Thomas Muchisky v. Stephen Kornegay

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JAMES R. REINHARD, Judge Both parties appeal following jury verdicts in favor of plaintiff on his claims of criminal conversation and alienation of affections and in favor of defendant on his libel and assault claims. 1 The appeals are consolidated here. We reverse the judgment on defendant's libel claim; we affirm the judgment on plaintiff's claims. In Count I of his petition, plaintiff stated a claim for criminal conversation and, in Count II, for alienation of affections. In his counterclaim, defendant alleged invasion of privacy, libel, slander, assault, and prima facie tort. The evidence relevant to the parties' points on appeal was that plaintiff's wife and defendant were ""life master"" bridge players who met at a bridge game in March 1983. Beginning in the summer of 1983, defendant frequently drove plaintiff's wife to various locations where they played bridge. After the bridge games, they often would join other bridge players for ""a social drink."" During the first week in October 1983, defendant and plaintiff's wife, unaccompanied by other bridge players, went to a bar where they had drinks and discussed problems that plaintiff's wife was having with her marriage and similar problems defendant, unmarried at the time, had in his previous marriage. Defendant then drove her home. While in the car in the driveway, they talked and kissed. Two days later, after bridge, they went to a bar for a drink and then went to defendant's apartment where they engaged in sexual intercourse.

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