DARNELL v. RUPPLIN

No. 8721SC1048.

371 S.E.2d 743 (1988)

Ann L. DARNELL v. Vivian RUPPLIN.

Court of Appeals of North Carolina.

September 20, 1988.


Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Carole S. Gailor, E. Spencer Parris and Wallace R. Young, Jr., Raleigh, for plaintiff-appellee.

William M. Speaks, Jr., Richard D. Ramsey and David F. Tamer, Winston-Salem, for defendant-appellant.


ORR, Judge.

I.

On appeal, defendant contends an issue of fact exists as to which state the tort of alienation of affections took place. Defendant further argues the trial court committed prejudicial error by refusing to submit this issue of fact to the jury for determination. We agree.

A claim for "alienation of affections is comprised of wrongful acts which deprive a married person of the affections of his or her spouse—love, society, companionship...

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