Boggs Palimony Suit Weakened by Appeal Court

A state appellate court has thrown out a key claim in a Costa Mesa woman’s palimony lawsuit against Boston Red Sox star Wade Boggs, ruling that the jilted lover does not deserve payment for emotional distress.

The split decision by the 4th District Court of Appeal leaves intact only Margo Adams’ breach of contract allegations, which even if proved could justify only a small fraction of the $6 million in damages she first claimed against the baseball slugger.

Boggs feels “wonderful” after hearing the news, said his attorney, Jennifer King. He is in Winter Haven, Fla., with the team for spring training and could not be reached for comment.

Adams claimed that Boggs, who is married and has two children, promised to pay her for accompanying him on trips during the baseball season. She claimed that she gave up a career as a mortgage broker to be with him. Adams has said she was not a “brainless bimbo” but believed Boggs would leave his wife for her. Boggs has acknowledged that he had an affair with Adams but denies making any promises about payment.

King said the ruling cuts out the heart of Adams’ lawsuit, her claim for punitive damages, which a jury could have assessed without limit.

Neither Adams nor her lawyer, James McGee, could be reached for comment.

The appellate decision dealt with Adams’ claim that she was “humiliated” and “suffered nervous shock” when FBI agents interviewed her last May after Boggs reported that she had asked him for $100,000 before filing the lawsuit. Boggs claimed that it was an extortion attempt; Adams said she was merely demanding that he pay the money he owed or face litigation. Boggs refused to pay, and 2 weeks later Adams filed the lawsuit.

The opinion, written by Justice Thomas F. Crosby, concluded that Adams’ argument was the equivalent of a legal “wild pitch.” Communications to law enforcement authorities are absolutely privileged and do not provide a basis for Adams’ lawsuit, the court ruled.

“The importance of providing to citizens free and open access to governmental agencies for the reporting of suspected illegal activity outweighs the occasional harm that might befall a defamed individual,” the six-page opinion said.

“This decision significantly dilutes (Adams’) lawsuit,” King said. “There are no punitive damages remaining, and the only issue left is whether or not Wade promised to pay her for her supposed business services. She claimed that he was supposed to pay $2,000 a month over a 4-year period.”

Adams claimed damages only for the baseball season, which lasts 6 months, so the ruling effectively “reduces her claim to about $48,000,” King said.

In pretrial papers, Adams said she had received $29,000 in “income” from Boggs between 1984 and 1987, which would further reduce her damages, King said.

Wade had appealed a ruling in Orange County Superior Court last fall, when a judge allowed Adams’ emotional-distress claim based on the FBI report to stand. Crosby was joined by Justice Edward J. Wallin in the decision, dated Friday. Justice Sheila Prell Sonenshine dissented, saying the appeal had been misfiled and should not have been considered.

Adams, a 32-year-old former Miss Stanton and self-described Young Republican “Nixon-ette,” alleged that Boggs promised to reimburse her for expenses and loss of income while she traveled around the country to meet him for road games. In the lawsuit, she claimed that she “extended to Boggs emotional aid, support, companionship and all other benefits usually associated with a husband-and-wife relationship.”