Karen M. Horner, Executrix of the Estate of Robert Henry Douthart v. Jeffrey W. Byrnett

Husband and Wife - Criminal Conversation - Alienation of Affections - Plaintiff's wife and defendant began a sexual relationship in
August of 1992, which continued until June of 1993, with a brief
interruption in November and December of 1992. Plaintiff's wife
became depressed when the affair ended and was eventually
hospitalized for depression and alcoholism. Plaintiff learned of
the affair during his wife's hospitalization, and the couple
separated on or around 13 September 1994.

Plaintiff filed a complaint against defendant on 9 April 1996
seeking damages for alienation of affections and criminal
conversation. On 17 May 1996, defendant filed an answer wherein
he denied the allegations concerning alienation of affections but
admitted to having an adulterous affair with plaintiff's wife.
Upon motion of the plaintiff, partial summary judgment on the
issue of criminal conversation was entered for plaintiff on 8
July 1996.

The remaining issues came on for trial before a jury, and at
the close of plaintiff's evidence, defendant moved for directed
verdicts, arguing that plaintiff had not established the tort of
alienation of affections and that he had not shown his right to
punitive damages for either tort. The trial court granted
defendant's motion pertaining to the issue of punitive damages
for alienation of affections but denied defendant's other
motions. The jury returned a verdict in favor of plaintiff and
awarded $1.00 in compensatory damages for alienation of
affections and criminal conversation and $85,000.00 in punitive
damages for criminal conversation.

Unknown

Unknown

Affirmed by the Court of Appeals of North Carolina. See: 511 S.E.2d 342 (N.C.App. 1999). The above date reflects the appellate court date, not the original trial date. Reported by kkm.