North Carolina Supreme Court Rules Adultery falls under Personal Injury Statutes

Most of us don't think of adultery when we hear the term "personal injury", but the North Carolina Supreme Court handed down a decision this week calling it just that. The North Carolina Court was called upon to determine whether or not criminal conversation-the cause of action related to committing adultery with another's spouse-could be classified as personal injury because of a special provision in the North Carolina statute of limitations for personal injury cases.

That provision, generally referred to as the "discovery rule", allows a personal injury victim to file a lawsuit for up to three years after discovery of the injury. A North Carolina court of appeals last year held that a criminal conversation claim had to be filed within three years of the end of the affair, even if the injured spouse hadn't learned of the adultery in time to file suit.

In order to determine whether Donald Misenheimer's criminal conversation claim could proceed, the court had to determine whether or not criminal conversation fell within the definition of personal injury. Misenheimer's claim was filed within three years of the date he learned of his wife's affair, but five years after the affair ended. Thus, if the discovery rule applied, his case could go forward. If the claim didn't fall within the definition of "personal injury" and the discovery rule did not apply, then Misenheimer had filed his claim too late.

The Court referred to the Black's Law Dictionary definition of "personal injury", which includes both harm "caused to a person, such a s a broken bone, a cut, a bruise, bodily injury" and "any invasion of a personal right, including mental suffering and false imprisonment".

The North Carolina Supreme Court concluded that criminal conversation was an invasion of a personal right, and as such fell under the personal injury statute. Therefore, the discovery rule applied to adultery claims. The Court also noted that applying the discovery rule to criminal conversation cases was in accord with North Carolina's interest in preserving the sanctity of marriage, and that failure to apply the discovery rule would have the "unacceptable consequence of rewarding a defendant.for deceptive and clandestine behavior that successfully prevents discovery of the extramarital conduct until after the three year statute of limitations has expired." The time period for discovery isn't without limitation, however. A related "statute of repose" caps actions at ten years after the last act of the affair.

The ruling will allow a spouse to file suit within three years of finding out about an affair, and to collect monetary damages for actual damage and for mental anguish.


» Back to Injury Articles

Copyright © 2011 TotalInjury, LLC. (as licensee). All rights reserved.

Submit ZIP Code
Or, call us anytime. Available 24/7: 855-694-9176

Some bumps and bruises are a natural part of life. But when your pain is caused by reckless behavior, abusive behavior or negligent practices, Total Injury is there.

If you were injured as a result of someone’s negligence or intentional actions against you, you may have the right to compensation for any injury, damage or loss caused by the person at fault. About Us »

Attorneys: We help clients find you! Call 877-349-1307

PAID ATTORNEY ADVERTISEMENT. THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Injury is not a law firm. Total Injury does not endorse or recommend any lawyer or law firm who participates in the network. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any information you submit to Total Injury may not be protected by attorney-client privilege. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 510, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here.

If you live in Florida, Mississippi, Missouri, New York or Wyoming, please click here for additional information.