89 Or. App. 289 - Spiess v. Johnson’s Empirical Analysis
1988
Citation profile
11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 2007
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[Cjriminal conversation consists of sexual intercourse with the spouse of another person, and the elements of alienation of affection are wrongful conduct of the defendant which is intended to cause and which actually does cause the plaintiff the loss of the affection and consortium of the plaintiffs spouse. The gravamen of the tort of intentional infliction of severe emotional distress, on the other hand, is that the plaintiff has suffered a loss due to intentionally inflicted severe emotional distress. It is the nature of the loss allegedly suffered by plaintiff in this case that distinguishes his claim of intentional infliction of severe emotional distress from the torts of alienation of affections and criminal conversation. He claims to have suffered severe emotional distress as a result of Johnson’s alleged intentional conduct; his claimed loss is not the loss of his wife’s society and companionship. That Johnson allegedly used his sexual relationship with plaintiff’s wife as the means to intentionally inflict severe emotional distress on plaintiff does not transform plaintiff’s claim into one for either alienation of affections or criminal conversation. Furthermore, we cannot say, as a matter of law, that Johnson’s alleged conduct did not exceed the bounds of socially tolerable conduct.” (Citations omitted, emphasis in original.)”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.