A jilted husband is suing the doctor his wife had an affair with, claiming he stole the woman’s love and that he should now have to pay him for it.
Marc Malecek filed the lawsuit against Dr. Derek Williams in 2015 after discovering his affair with his wife Amber who he worked with at the Wake Forest Baptist Health hospital in Winston Salem, North Carolina.
Williams, 45, fought to have the case dismissed and was successful when in 2016, a judge threw it out on the grounds that was unconstitutional.
Malecek, 34, appealed the decision and on Tuesday, the North Carolina Court of Appeals sided with him, allowing the case to go through.
It is not clear how much the Malecek, who makes custom leather badges for fire helmets, is demanding from Williams, a pediatric cardiologist.
Marc and Amber, 33, married in 2011 in a destination wedding in Siesta Key, Florida. In 2014, they welcomed their son.
Marc Malececk (left) is suing Dr. Derek Williams (right) who had an affair with his wife while they worked together at a hospital in Winston Salem, North Carolina, in 2015
According to Malecek’s lawsuit, they were happy until she began working with Williams at the hospital.
Months after the birth of their son, Amber is alleged to have begun exchanging illicit text messages with the doctor.
The lawsuit tells how Amber Malecek exchanged illicit text messages and emails with the doctor who worked in the same department as her in 2014
Her husband claimed that in those text messages and in emails they also exchanged, she told how she was tempted to break her marriage vows.
Williams, the lawsuit alleges, encouraged her and the pair then engaged in an affair. In January 2015, the Maleceks separated.
In September that year, Marc filed the lawsuit against Williams, claiming he was guilty of alienation of affection – an old fashioned common law tort which still holds up in North Carolina but which has been abolished in many other states.
The law applies to a third party who is blamed for the failure of a marriage by a deserted spouse.
It is still applicable in just six states; Mississippi, North Carolina, Utah, South Dakota, Hawaii and New Mexico.
Williams sought to have the lawsuit dismissed, claiming the law is unconstitutional.
In 2016, a judge sided with him and threw it out but Malecek filed his appeal seven days later.
On Tuesday, a different judge accepted that the alienation of affection law was born ‘born out of misogyny’ but ruled that Malecek was still an injured party.
‘These laws were born out of misogyny and in modern times are often used as tools for enterprising divorce lawyers seeking leverage over the other side,’ Judge Richard Dietz wrote in his opinion.
He said that despite their outdated origins, lawsuits like Malecek’s ‘are designed to prevent and remedy personal injury, and to protect the promise of monogamy that accompanies most marriage commitments.’
The man’s wife and the doctor worked together at the Wake Forest Baptist Medical Center in Winston Salem, North Carolina (above)
Malecek has not stated how much money he is seeking from his ex-wife’s lover
Neither Amber Malecek nor Dr. Williams commented on the lawsuit on Tuesday. It is not known if the pair are still together or if Williams was married at the time of their affair.
In previous court documents, he accepted that the allegations against him were true. Malecek did not state how much money he is seeking in damages.
His attorney Scott Smith welcomed the newest development on Tuesday.
‘My client is obviously extremely satisfied with the appellate court’s decision.
‘I believe it was entirely in accordance with the longstanding laws and public policy of North Carolina,’ he told DailyMail.com.
Previous alienation of affection cases have resulted in settlements of millions of dollars.
The highest on record in North Carolina was for $30million.
It was awarded to the deserted wife of Raleigh business owner Donald Puryea who sued her husband’s new partner.