Case Digest: Hancock v. Watson 962 So. 2d 627 (2007)

 Private International Law  

  • Petitioner: Roger Lionel Hancock, 

  • Respondent: David Steven Watson, Tennessee

  • Forum:  Mississippi


Recit Version:

  • David and Lori Watson, married in Tennessee in 1989, had two children before Lori allegedly began an affair with Roger Hancock in 1999. David discovered the affair in 2003 while Lori was pregnant with their fourth child and filed for divorce, which was granted in 2004. Despite the divorce, the couple continued to live together and co-parent their children. In 2004, David filed an alienation of affection lawsuit against Hancock in Mississippi. Hancock sought dismissal, arguing insufficient facts and that Tennessee law should apply as the tort of alienation of affection had already been abolished and the statute of limitations had expired. Watson maintained that Mississippi law applies, as the tort was committed in Mississippi, and where alienation of affection remains a tort. He also filed his claim within one year of discovering the affair.

  • The Court finds that it is unable to complete the conflict of law analysis due to the lack of factual information available from the record. Although the amended complaint alleged that Lori Watson conducted her affair with Hancock in the State of Mississippi, those allegations do not end the inquiry as to the place where the injury or the conduct causing the injury occurred. 

  • The Court remanded the case for further discovery to determine the key facts necessary to complete the conflict of law analysis, including the location of the events in the affair.


Facts:

  • In 1989, David and Lori Watson, residents of Tennessee, were married.

    • They had two children in the first ten years of their marriage.

  • David Watson alleges that Lori began an affair with Roger Hancock in 1999, which ended in 2000 without David knowing.

  • Lori remained married to David and gave birth to their third child in August 2002.

  • In May 2003, David discovered the affair while Lori was pregnant with their fourth child, 

  • In November 2003, David filed for divorce.


Tennessee Court: Granted a divorce due to irreconcilable differences.

  • Post-divorce, the couple continued living together in their marital home and co-parented their four children.

  • The divorce decree converted the marital home ownership to tenants in common for 24 months, after which it was to be sold and the proceeds divided equally.


  • In 2004, David filed an alienation of affection complaint against Hancock in Hinds County Circuit Court.

  • Hancock filed a motion to dismiss, claiming insufficient facts in the complaint.

  • After a hearing, the court ordered Watson to file an amended complaint with specific facts.

  • Watson's amended complaint alleged that Hancock had an affair with Lori Watson in 1999-2000.

  • Hancock filed a second motion to dismiss following the amended complaint.


Trial Court: Denied both of Hancock’s motions to dismiss, as well as his motion to reconsider and request for interlocutory appeal.


  • Hancock filed a petition for interlocutory appeal with the Mississippi Supreme Court.

  • The Mississippi Supreme Court granted the petition and assigned the case to the Court of Appeals.



  • Hancock’s Argument:

    • Tennessee law should apply, as the tort of alienation of affection had already been abolished and the statute of limitations has expired.

    • Hence, the suit should be dismissed.

  • Watson’s Argument:

    • Mississippi law applies, as the tort was committed in Mississippi, and where alienation of affection remains a tort. He also filed his claim within one year of discovering the affair.

Issue: What law is applicable to suit for alienation of affection filed by David against Roger? 

Held: The law that is applicable is the law of the place where the tort occurred.

Choice of law analysis is a three step process. 

  1. First, the Court must determine whether the conflicting laws are substantive or procedural. 

  2. The Court must then classify the substantive area of law - contract, tort, or property - applicable to the conflicting laws, as each area of law has its own choice of law provisions. 

  3. Finally, the Court must apply the appropriate analytical provisions to the conflict. 


In the case before the Court, the first two steps in the process are easily resolved. Clearly, the conflicting laws are substantive, as the outcome will determine whether Watson has a viable cause of action. If Tennessee law applies, the suit must be dismissed, as alienation of affection has been abolished in Tennessee. Categorizing the substantive area of law for an alienation of affection claim is also a simple step. Alienation of affection claims are tort actions.


After reviewing the limited facts available in the record, given that this appeal is before the Court as an interlocutory appeal of the trial court's denial of Hancock's motion to dismiss, the Court finds that it is unable to complete the conflict of law analysis due to the lack of factual information available from the record. Although the amended complaint alleged that Lori Watson conducted her affair with Hancock in the State of Mississippi, those allegations do not end the inquiry as to the place where the injury or the conduct causing the injury occurred. 


Accordingly, the Court remands this case to the trial court so that the trial court may direct the parties to engage in discovery on the details of the communications and actions between Hancock and Lori which Watson contends led to the alienation of Lori's affections. After that discovery is complete, the trial court should then be able to apply "the most significant relationship" test and complete the conflicts of law analysis.  

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