Dorothy Rowen Hutelmyer v. Margie B. Cox

Alienation of Affections - Criminal Conversation - Plaintiff brought this action against defendant on 8 March 1996 for alienating the affections of her husband and for criminal conversation. Plaintiff's evidence tended to show the following facts. Plaintiff and Joseph Hutelmeyer were married on 14 October 1978 and lived together with their three children until 5 January 1996, when Mr. Hutelmyer left the marital home to live with defendant. Plaintiff and Mr. Hutelmyer subsequently divorced, and on 15 May 1997, he and defendant were married.

Defendant began to work as a secretary to Mr. Hutelmyer in 1986. According to her co-workers, defendant's demeanor when she began her employment was "matronly." Then in 1992, defendant separated from her husband, and she, thereafter, became openly flirtatious and spent increasingly more time alone with Mr. Hutelmyer. Defendant's co-workers testified that she changed her appearance. She cut and dyed her hair and wore short skirts, low-cut blouses, and tight clothing to the office. At or near the same time, defendant and Mr. Hutelmyer began spending a lot of time alone together, both in and away from the office, including business trips.

Plaintiff's evidence further showed that beginning in 1993, Mr. Hutelmyer began to spend a considerable amount of time at defendant's home. Co-workers of defendant and Mr. Hutelmyer also testified that the couple flaunted their familiarity with one another, holding hands at the workplace, and defendant would sit in Mr. Hutelmyer's office in a dress with her legs thrown sideways across the chair, among other things.

As defendant and Mr. Hutelmyer became closer, he began to spend less time with his wife and family. Plaintiff testified that their sexual relationship began to deteriorate because Mr. Hutelmyer began to lose interest in her sexually. When asked what was wrong, he claimed to be experiencing work-related pressures but maintained that he was still very much in love with her. Plaintiff also testified that Mr. Hutelmyer began coming home very late at night, claiming to be working.

Plaintiff continued to regard their marriage as strong and loving until 1994, when Mr. Hutelmyer lost all desire to have sex with plaintiff and their sexual relationship ceased. The couple, nonetheless, remained together until 5 January 1996, when Mr. Hutelmyer told plaintiff that he was leaving.

According to defendant, she and Mr. Hutelmyer began a sexual relationship in 1994, which continued, with few interruptions, throughout the duration of his marriage to plaintiff. Defendant claimed the Mr. Hutelmyer had told her that he and plaintiff were separated, and she believed that he had moved out of the marital home and into an apartment. On 1 January 1996, Mr. Hutelmyer gave defendant an engagement ring. On 5 January 1996, he left the marital home and moved in with defendant.

Plaintiff's verdict for $500,000 in compensatory damages and $500,000 in punitive damages.

Unknown

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Defendant file a written motion for a new trial and the trial court denied the motion and defendant appealed. No error was found by the Court of Appeals of North Carolina. See: 514 S.E.2d 554 (N.C.App. 1999). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by dss.