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Jury returns $1.3M verdict over ‘alienation of affection’
Action: Tort Amount: $1.3 million Injuries alleged: Alienation of affection Case name: Fish v. Stetina Court/case no.: Catawba County Superior Court/No. 22 CVS 931 Jury and/or judge: Jury/Judge Nathaniel J. Poovey Date of verdict: March 14, 2023 High-low agreement: No Most helpful expert’s name: Clark Walton of Charlotte Attorney for plaintiff: Clark D. Tew of […]
One expensive relationship
In a case that made national news, a Durham judge has ordered a Texas man to pay $8.8 million to his lover’s ex-husband. Keith King, owner of King BMX Stunt Show, says Francisco Huizar ruined his marriage by sleeping with his then-wife, Danielle. Danielle reportedly met Huizar, a marketing tour manager, in August 2015 […]
Jilt turns to gilt as man wins $8.8M from wife’s boyfriend
DURHAM (AP) A judge says a Texas man’s affair with a North Carolina man’s wife should cost him nearly $9 million. The Herald-Sun of Durham reports that Superior Court Judge Orlando Hudson awarded Keith King $8.8 million in compensatory and punitive damages July 26 from Francisco Huizar III. King had sued Huizar for, among other complaints, criminal […]
The jilted still have claim: Federal courts weigh constitutionality of ‘alienation’ statute
Valentine’s Day is usually a celebration of love, marked by flowers, candy and mushy Hallmark cards. This past Valentine’s Day, though, a federal magistrate judge in Greensboro issued an opinion preserving the right of a wronged spouse to sue for alienation of affection. He shot down what has become the latest attack on alienation lawsuits […]
Woman settles with ex-husband’s mistress for $350,000
It was only natural for Heidi Ovando to have her good friend Valerie Bowen close by when she went to the hospital to have her first child. The two women had grown close after Juan Pablo Ovando, Heidi’s husband, began working together. As a mother herself, Bowen helped Heidi Ovando register for baby gifts and […]
Tort/Negligence — Domestic Relations – Alienation of Affections & Criminal Conversation – Civil Practice – Personal Jurisdiction – Phone Calls
Willis v. Willis (Lawyers Weekly No. 15-16-0750, 16 pp.) (Ann Marie Calabria, J.) Appealed from Moore County Superior Court (Beecher Gray, J.) N.C. App. Unpub. Holding: Given the South Carolina defendant’s participation in 140 telephone calls with a North Carolina resident (plaintiff’s then-husband) over the course of 40 days and defendant’s engaging in sexual relations […]
Civil Practice – Discovery Sanctions – Contempt – Judges – Subject Matter Jurisdiction – Domestic Relations – Tort/Negligence – Alienation of Affections
Keesee v. Hamilton (Lawyers Weekly No. 14-07-0755, 18 pp.) (Mark Davis, J.) Appealed from Brunswick County Superior Court (W. Russell Duke Jr., J.) N.C. App. Holding: When the trial court held plaintiff in contempt, the court made all the findings required by G.S. § 5A-21 for a determination of continuing civil contempt; therefore, the trial […]
Tort/Negligence – Alienation of Affections – Mother & Daughter – Civil Conspiracy – Unfair Trade Practices – Emotional Distress – Civil Practice – Statute of Limitations – Rule 11
Rushing v. Barron Since North Carolina does not recognize alienation of affection for any relationship other than that of spouses, plaintiff cannot make out a civil conspiracy claim by alleging that her father and brother conspired to alienate her mother’s affection and to convince her mother to exclude plaintiff from inheritance.
Alienation of affection not just a Carolina thing
A Mississippi woman could not explain away 107 cell phone calls to a married man when she tried to set aside an $88,000 jury verdict against her in an alienation-of-affection lawsuit. Alienation of affection as a cause of action is a relic of the past in most states. Of the seven states that still recognize the tort, only in North Carolina and Mississippi do you see the victims of extramarital[...]
Malicious prosecution could trigger liability for family lawyers
By PAUL THARP, Staff Writer [email protected] An Asheville lawyer may face trial on allegations that she helped her client execute a malicious-prosecution scheme against his then-spouse. The Court of Appeals’ ruling in her case could open the door to more lawsuits against lawyers. In the March 15 first-impression opinion of Chidnese v. Chidnese (Lawyers Weekly No. […]
‘Empty-chair’ trial nets $30M bench verdict for jilted Wake woman
By PAUL THARP, Staff Writer [email protected] A Wake County judge last week awarded the jilted spouse of Donald Puryear $30.162 million in her suit against the woman she accused of stealing his affections. The wealthy owner of a Raleigh trucking company is now married to the woman, Betty Devin, according to the lawyer who represented […]
Heart balm’s constitutionality challenged in federal court
Claimants, attorneys and supporters have long argued that North Carolina's common-law heart-balm torts are designed to protect and preserve the sanctity of marriage. Hogwash, says Winston-Salem attorney John C. Vermitsky of Morrow Alexander Porter & Whitley. He says the torts are "tools used by vindictive spouses to put a scarlet red letter on their exes' [paramours] after a relationship is lo[...]
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