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Truman v. Brown

Agreement to Stay Silent About Extramarital Affair Is Barred by Statute of Frauds

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OPINION & ORDER   This case involves a plaintiff’s attempt to enforce an agreement to keep silent about an extramarital affair in exchange for money. Plaintiff Jennifer Truman alleges that she and defendant Peter Brown engaged in a decades-long affair, during which Truman had a child, Samantha. Truman alleges that, years later, she told Samantha, now an adult, that Brown was her father, and that Truman and Brown then engaged in discussions about Brown reimbursing Truman for some of Samantha’s expenses. Truman alleges that the two reached an agreement, under which Brown would give Truman money, and Truman would cease contact with Brown’s family and not disclose her claim that Brown was Samantha’s father. After Brown failed to pay the full amount demanded by Truman, Truman brought this action, in which she sues Brown for breach of contract, intentional infliction of emotional distress, and negligent infliction of emotional distress. Brown now moves to dismiss. For the reasons that follow, the Court dismisses Truman’s complaint, with prejudice. I. Background A. Factual Background1 1. Truman and Brown’s Relationship In 1985, Truman, then age 21, got a summer job working on Brown’s yacht in Fort Lauderdale, Florida. See Compl.

12, 16. Truman owned a yacht-refinishing company and had, through that work, gained boating expertise. Id. 15. Brown was a prominent businessman who headed a sportswear-manufacturing company and was wealthy, as evidenced by his private jet, cars, and boats. Id.

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