Jilted Bride Awarded $150K After Wedding Called Off

[ecstatic]

HALL COUNTY, Ga. -- The jury has awarded a Hall County woman $150,000 after she sued her former fiance for calling their wedding off.

...

Shell argued her fiance's promise of marital bliss amounted to a binding contract. She said she left a high-paying job in Florida to be with Gibbs and she said she has suffered financial losses since their break-up. She also said she has suffered emotionally.

http://www.wsbtv.com/news/16966088/detail.html

:D

[RebelOne]

1. Good for her. n/t

[ProdigalJunkMail]

2. i see you have the website scanning down!

but since when is it ok to award stupidity? these were her choices...i guess you cannot even call off an engagement any more!

sP

[ecstatic]

3. True, but maybe some men will think twice now

LOL. I think someone else was awarded $$$ when her husband cheated.

[ProdigalJunkMail]

6. well, cheating is one thing

after the marriage is put together...leads to divorce and thing go badly for both parties usually. but holy shite, you ask a girl to marry you...you think better of it and get out while the getting is good (well, at least tolerable) and you get screwed anyway...just damn.

sP

[DailyGrind51]

4. What about the headline reading...,

"Jilting groom says, '$150,000 well-spent!'"?;-)

[TexasObserver]

5. The jury doesn't make awards. It makes findings of fact.

It's a common mistake made my media reporting on civil case outcomes.

We do not know what the questions were they answered, and do not know if the media have actually reported accurately what the jury found. Let us assume they wrote either $150,000 or some series of numbers that accumulate to $150,000. That's still not a judgment, it's simply their finding.

It is up to the judge to look at the jury findings, to apply the law of Georgia, and to fashion a judgment out of the trial result. It is entirely possible the judge will find a basis to set aside the jury verdict, or to enter a judgment for the defendant notwithstanding the verdict, or to enter a judgment for the plaintiff, with damages at a level the judge finds appropriate.

We do not know the legal theory the plaintiff used, although the media piece alleges she had a contract theory of the events. If that is the case, I think this plaintiff will be unlikely to get a final judgment to her benefit. She may have used the Doctrine of Promissory Estoppel, or Detrimental Reliance, however. If that is the case, she may have a basis for a judgment in this case.

If you induce someone to change their position financially by some promise or inducement - such as "if you'll quit your job, I'll marry you" - such an inducement can be the basis for finding liability. This doctrine is not considered contract. It is a longstanding doctrine and is enforceable in most jurisdictions. It does not give the plaintiff the right to force the defendant to marry her, only to recompense her for the reasonable financial damages she can prove are directly resultant from his failure to honor his promise or promises to her.

To me, the problem is not a finding of liability under such a doctrine as Promissory Estoppel. The problem is the damages are outrageously high, and would appear to bear no rational relationship to his breach of promise, or her financial hit for such. She's still employable. She can work again.

I'll predict the judge will either toss the entire jury findings and not award the $150,000, or he will reduce the award to something he finds appropriate, maybe $25,000.

[edbermac]

7. Did anyone read the whole story?

The jury has awarded a Hall County woman $150,000 after she sued her former fiance for calling their wedding off.

RoseMary Shell sued her ex-fiance, Wayne Gibbs, after he broke off their engagement in 2007.

Shell argued her fiance's promise of marital bliss amounted to a binding contract. She said she left a high-paying job in Florida to be with Gibbs and she said she has suffered financial losses since their break-up. She also said she has suffered emotionally.

Gibbs testified that he had taken Shell on trips and paid $30,000 of her debt while they were engaged. He said when he found out she had even more debt, he canceled the wedding by leaving Shell a note in their bathroom.

Closing arguments were heard Wednesday morning and the jury awarded Shell $150,000 by Wednesday afternoon.

"People shouldn't be allowed to do that and hopefully he'll think twice before he does it to someone else," said Shell.

:wtf:

Would anyone here marry someone at least 30k in debt?? Good for him for calling it off and I hope he appeals.

[ecstatic]

9. Love conquers all!

:shrug:

[Blue_Tires]

8. wow...i don't get the rationale behind that

[Wednesdays]

10. "Breach of promise" was commonly litigated in the 19th Century

It was the basis for Gilbert & Sullivan's "Trial by Jury"



SONG--JUDGE

When I, good friends, was called to the bar,
I'd an appetite fresh and hearty.
But I was, as many young barristers are,
An impecunious party.

I'd a swallow-tail coat of a beautiful blue--
And a brief which I bought of a booby--
A couple of shirts, and a collar or two,
And a ring that looked like a ruby!

CHORUS. A couple of shirts, etc.

JUDGE. At Westminster Hall I danced a dance,
Like a semi-despondent fury;
For I thought I never should hit on a chance
Of addressing a British Jury--
But I soon got tired of third-class journeys,
And dinners of bread and water;
So I fell in love with a rich attorney's
Elderly, ugly daughter.

CHORUS. So he fell in love, etc.

JUDGE. The rich attorney, he jumped with joy,
And replied to my fond professions:
"You shall reap the reward of your pluck, my boy,
At the Bailey and Middlesex sessions.
You'll soon get used to her looks," said he,
"And a very nice girl you will find her!
She may very well pass for forty-three
In the dusk, with a light behind her!"

CHORUS. She may very well, etc.

JUDGE. The rich attorney was good as his word;
The briefs came trooping gaily,
And every day my voice was heard
At the Sessions or Ancient Bailey.
All thieves who could my fees afford
Relied on my orations.
And many a burglar I've restored
To his friends and his relations.

CHORUS. And many a burglar, etc.

JUDGE. At length I became as rich as the Gurneys--
An incubus then I thought her,
So I threw over that rich attorney's
Elderly, ugly daughter.
The rich attorney my character high
Tried vainly to disparage---
And now, if you please, I'm ready to try
This Breach of Promise of Marriage!

CHORUS. And now if you please, etc.

JUDGE. For now I'm a Judge!
ALL. And a good Judge, too!
JUDGE. For now I'm a Judge!
ALL. And a good Judge, too!
JUDGE. Though all my law be fudge,
Yet I'll never, never budge,
But I'll live and die a Judge!
ALL. And a good Judge, too!
JUDGE (pianissimo). It was managed by a job--
ALL. And a good job, too!
JUDGE. It was managed by a job!
ALL. And a good job too!
JUDGE. It is patent to the mob,
That my being made a nob
Was effected by a job.
ALL. And a good job too!


(The Plaintiff ends up marrying the Judge) :)