Sharp v. Roskelley

STEWART, Justice

(concurring):

I concur in Justice Howe’s opinion to the extent that it would not abolish the tort of alienation of affections and for the reasons stated in my opinion in Norton v. Macfarlane, No. 880248, but I disagree with Justice Howe’s view that the tort of criminal conversation should also continue to be recognized as a viable cause of action in this state, separate and apart from the tort of alienation of affections. Although I do not agree with the grounds relied upon by Justices Durham and Zimmerman in support of their view on that point, their votes, together with mine, make a majority for abolishing the tort of criminal conversation as a separate, independent tort.

My vote, combined with Justice Howe and Chief Justice Hall, results in sustaining the viability of the tort of alienation of affections, but that tort is modified, as explained more fully in my opinion in Norton v. Macfarlane.