Woman sues dead husband's alleged lover because she 'negligently failed to hide' the affair well enough
On Sept. 29, an Oregon widow filed a lawsuit against a woman she claims had an extramarital affair with her husband — and alleges that his murder was due to her negligence.
The widow, Lana Dong, alleges that one of the defendants named in the lawsuit, Anh Tram Gia Phan, “negligently failed to hide the fact that she and the decedent [Lana’s late husband, Mitch Xuan Dong] were at Corvallis Nail Spa, Inc., engaged in sexual relations.”
The lawsuit reads that defendant Phan was living with her ex-husband, Than Duy Kim of Albany, whom she divorced in 2009, and that Phan “knew or should have known” that her ex, Kim, was “jealous of any sexual relations she had with other men” and that she “knew or should have known” he was “prone to acts of extreme violence.”
On Dec. 5, 2017, Phan allegedly was engaging in “sexual relations” inside Corvallis Nail Spa, which is also listed as a defendant in the lawsuit, with Mitch Dong when Phan’s ex-husband, Kim, allegedly caught them in the act. Kim proceeded to attack Dong with a baseball bat and stabbed him.
Kim was charged with murder when Dong died from his injuries a week after the attack. Kim is currently being held in Benton County Jail and is headed for trial. He has pleaded not guilty to murder.
Lana Dong is seeking $1 million in damages for medical expenses, funeral costs, and the loss of society, companionship, and services to herself and her children. She has two children with her late husband.
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