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Misenheimer v. Burris4/5/2005
James Clayton Burris ("defendant") appeals a jury verdict whereby he was found to have engaged in criminal conversation with the spouse of Donald Eugene Misenheimer ("plaintiff"), and resulting judgment against defendant for $350,001 in damages. For the following reasons, we reverse.
The factual and procedural history of this case is as follows: Plaintiff and Rebecca Ann Misenheimer ("Ms. Misenheimer") were married in 1971. Plaintiff and defendant met in the 1970s and became friends and business colleagues. Their families socializedtogether on occasion. In February 1996, Ms. Misenheimer told plaintiff that she wanted a divorce. On 15 March 1997, Ms. Misenheimer moved out of the family home and separated from plaintiff. Their divorce was made final in 2000. On 12 April 2000, plaintiff filed the underlying complaint against defendant alleging alienation of affections and criminal conversation with Ms. Misenheimer. The case proceeded to trial on 17 February 2003. At the close of plaintiff's evidence defendant moved for directed verdict, arguing that plaintiff failed to demonstrate that he filed the complaint within three years of the date of the alleged affair between defendant and Ms. Misenheimer, as required by the statute of limitations. Plaintiff counterargued that the "discovery rule" provided in N.C. Gen. Stat. ยง 1-52(16) applies in this case, and that the statute of limitations should not be measured by the date of the extra-marital relationship, but by the date that plaintiff became aware of the extra-marital relationship. The trial court issued the following ruling:
the court is going to deny the motion to dismiss at the close of the plaintiff's evidence on the claim against Randall Burris for criminal conversation, and the claim against Clayton Burris on criminal conversation. The court, finding that there is no specific case that has said that 1-52.16 does not apply in this situation, and in light of other cases interpreting the statute, the court denies the motion to dismiss those charges, finding that there's evidence from which the jury could believe that the injury to the plaintiff became apparent or had reasonably become apparent within three years prior to the time he instituted the action.
The trial court granted directed verdict on the issue of alienation of affections.
Defendant presented his evidence, at the close of which he renewed his motion for directed verdict on the issue of criminal conversation. The trial court denied defendant's motion and submitted the case to the jury to deliberate on the following pertinent issues: (1) "Did the Defendant, Clayton Burris, commit criminal conversation with the Plaintiff's spouse?" (2) "If so, did the Plaintiff commence this action against the Defendant, Clayton Burris, before the expiration of the three year statute of limitations?" (3) "If so, what amount, if any, is the Plaintiff entitled to recover from the Defendant, Clayton Burris, for criminal conversation?" (4) "If so, is the Defendant, Clayton Burris, liable to Plaintiff for punitive damages?" (5) "If so, what amount of punitive damages, if any, does the jury in its discretion award to the Plaintiff?"
The jury found that defendant engaged in criminal conversation with Ms. Misenheimer, and that plaintiff's action was commenced within the statute of limitations. The jury awarded plaintiff $100,001 in actual damages and $250,000 in punitive damages. It is from this verdict that defendant appeals.
The dispositive issue on appeal is whether the trial court erred by ruling that the discovery rule applies in actions for criminal conversation. Criminal conversation is a common law tort claim for adultery. Johnson v. Pearce, 148
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