Cedar v. Johnson

Jerry Cedar (plaintiff) and Leslie Cedar married in 2000. In April 2015, Leslie began working for Bruce Johnson (defendant). Soon after, Johnson started texting Leslie frequently, bringing her gifts, and spending time with her. Johnson and Leslie began a romantic relationship in September 2015. Although Johnson was initially hesitant, he felt comfortable after Leslie said her marriage was over. Leslie told Jerry about the affair in November, claiming Johnson had “worked his charm on her.” Jerry asked her to end the relationship and repair their marriage, but Leslie instead moved in with Johnson. Jerry and Leslie divorced in 2016. Jerry sued Johnson for alienation of affections. At trial, Jerry testified that before the affair began, he and Leslie were loving and intimate. As evidence of their commitment, he pointed to an August 2015 Facebook post by Leslie celebrating their fifteenth wedding anniversary. He also testified that he missed Leslie’s love and companionship and regretted raising their son in a broken home. Leslie, however, testified she had not felt affection for Jerry since at least 2011 and admitted to having a brief sexual relationship with another man in September 2015. Jerry believed Leslie fabricated the story to help Johnson’s case. After Jerry’s case-in-chief, Johnson moved for judgment as a matter of law. The trial court granted the motion on the question of damages, concluding that Jerry failed to present sufficient evidence of the amount of his damages. Jerry appealed. Johnson cross-appealed, arguing that there was no evidence to show that he had the specific intent to alienate Leslie’s affections or that he caused Leslie’s alienated affections.