McCUTCHEN v. McCUTCHEN

No. 308A05.

624 S.E.2d 620 (2006)

Patricia McCUTCHEN v. Deborah T. McCUTCHEN.

Supreme Court of North Carolina.

January 27, 2006.


Attorney(s) appearing for the Case

The Mueller Law Firm, P.A., by Colby L. Hall, Raleigh, for plaintiff-appellant.

Tharrington Smith, L.L.P., by Lynn P. Burleson and Jill Schnabel Jackson, Raleigh, for defendant-appellee.


NEWBY, Justice.

The issue is whether the accrual of a cause of action for alienation of affections occurs as a matter of law on or before the date a married couple separates. We hold the claim accrues whenever alienation is complete, regardless of the date of separation, and that the determination of when alienation occurs is generally a question of fact for the jury.

Plaintiff and Byron McCutchen ("Byron") married...

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