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HORNER v. BYRNETT

No. COA98-533.

511 S.E.2d 342 (1999)

Karen M. HORNER, Executrix of the Estate of Robert Henry Douthart, Plaintiff, v. Jeffrey W. BYRNETT, Defendant.

Court of Appeals of North Carolina.

February 16, 1999.

Attorney(s) appearing for the Case

Vernon, Vernon, Wooten, Brown, Andrews & Garrett, P.A., by Wiley P. Wooten and Thomas R. Peake, II, Burlington, for plaintiff-appellee.

Barbara R. Morgenstern, Greensboro, for defendant-appellant.

TIMMONS-GOODSON, Judge.

Jeffrey W. Byrnett ("defendant") appeals from an order denying his motion for judgment notwithstanding the verdict ("JNOV") or, alternatively, for a partial new trial on the issue of punitive damages arising out of the claim by Robert Henry Douthart ("plaintiff") for criminal conversation. The relevant facts are not in dispute.

Plaintiff's wife and defendant began a sexual relationship in August of 1992, which continued until June of...

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