Jilted husband sues doctor his ex-wife had an affair with

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 in Siesta Key, Florida. In 2014, they welcomed their son. 

Marc Malececk is suing Dr. Derek Williams who had an affair with his wife while they worked together at a hospital in Winston Salem, North Carolina, in  205 

Marc Malececk is suing Dr. Derek Williams who had an affair with his wife while they worked together at a hospital in Winston Salem, North Carolina, in  2015

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

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

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