I was hired to do a surveillance of a gentleman who had an abdominal injury. He left his house one morning and went to a nearby town where I observed him using a pay phone. He made a phone call, and I videotaped him having a conversation for about ten or 15 minutes.
He then hung up, left, and I followed him to Walmart. He got out of his truck and got into the passenger side of a Cadillac, driven by a woman. I followed them to a nearby motel. He went in and rented a room, they drove around the back, and I videoed them walking into a motel room. They stayed in there about an hour and then she took him back to his truck, and he left.
While he was in the motel room with the woman I called his house to determine whether or not he was married, and verified that he was. I realized at that point I was establishing, not only was he committing adultery, but he was also obviously healthy enough to have sex.
It was very interesting because his wife was part of the claim, claiming the loss of consortium. Loss of consortium is a loss of matrimony. If someone is injured, it affects the quality of the marriage, because they’re not able to do a lot of the things that they could have done before. In other words, not being able to have sex with your husband. In this case, the video contained prejudicial value and was instrumental in reducing his settlement. The loss of consortium claim was clearly compromised by the video because of the fact that he was able to take another woman to a motel room to have sex.
After I turned the video over to my client, he made the comment that they had tried to settle and his attorney said they’ll drop the loss of consortium claim. In response, my client said that since they are still claiming that he’s disabled, they might need to subpoena the lady that he went into the motel room with, and see if he complained of any abdominal pain, while he was in there having sex with her.
When this happened, needless to say, the claim just basically went away. I don’t know how he explained to his wife why he didn’t get any money. But, it would have been interesting to hear that story.