NC TikTok influencer liable for ending a marriage, must pay $1.7 million
1, 3, 6,
>> ALL RIGHT. LET'S TALK ABOUT
ONE OF THE CRAZIEST NEWS
STORIES THAT WE HAVE SEEN THIS
WEEK. A TIKTOK INFLUENCER
ORDERED TO PAY 1.7 MILLION
DOLLARS FOR BREAKING UP A
DURHAM COUPLE'S MARRIAGE.
THIS WAS A WHOLE THING. ALL
RIGHT. IT WAS A CASE IN CIVIL
COURT, A ON TO YOU. SHE IS
ACCUSED. SHE ACCUSED, I SHOULD
SAY, BRON A CANARD OF HAVING AN
AFFAIR WITH HER EX HUSBAND,
TIM. HE WAS CAN ART MANAGER
AND NOW HE'S HER HUSBAND.
MONTE. YOU CLAIMS THAT CANARD
BROKE UP THEIR MARRIAGE CAUSING
HER MENTAL ANGUISH AND
DEPRIVING HER KIDS HAVE A 2
PARENT HOUSEHOLD AND THE JURY
AGREED.
>> SHE
>> HAS RECEIVED JUSTICE FROM
LOWE'S AND HER HUSBAND AND THE
FATHER OF HER CHILDREN.
>> NORTH CAROLINA, I SHOULD
SAY, IS ONE OF THE ONLY STATES
THAT LETS PEOPLE DO THIS SORT
OF THING TO FILE OVER OVER THIS
WHERE A JURY WILL ACTUALLY
WEIGH IN ON YOUR AFFAIR.
THINK ABOUT THAT. IT'S COLD
ALIENATION OF AFFECTION AND TO
WIN ONE OF THESE CASES, YOU
HAVE TO PROVE 3 THINGS. ONE
THAT A LOVING AFFECTIONATE
MARRIAGE EXISTED TOO, THAT
SOMEONE CAME IN AND KNOWINGLY
WRECKED IT AND 3 THAT YOU
SUFFERED AS A RESULT. AGAIN,
DID YOU KNOW THIS WAS A THING
WE WANTED TO KNOW WHY IT WAS A
THING. AND WHERE DID IT ALL
COME FROM? AND WHY IS NORTH
CAROLINA? ONE OF THE ONLY
PLACES THAT STILL ALLOWS IT?
HOW DID WE GET HERE?
>> WE COULD TAKE IT ALL THE WAY
BACK TO THE TEUTONIC TRIBES IN
105, BC WHAT HAS BEEN COULD
KILL A MAN FOR SLEEPING WITH
HIS WIFE. BUT LET'S SKIP AHEAD,
SHALL WE? TO 17? 45 1 OF THE
FIRST ALIENATION OF AFFECTION
CASES WINDS MORE VERSUS GREEN
BANK IN ENGLISH COURT OF COMMON
PLEAS. IF YOU COULDN'T TELL,
THE HUSBAND CLAIMED A MAN
MALICIOUSLY AND WICKEDLY
PERSUADED PRO KILLED AND
ENTICED HIS WIFE, THE HUSBAND
OF ONE. AT THE TIME A WIFE WAS
CONSIDERED PROPERTY AND LOSING
THAT PROPERTY ENTITLED A
HUSBAND TO COMPENSATION IT
WASN'T UNTIL 18, 66 THAT ONE OF
THESE CASES POPPED UP IN THE
UNITED STATES. THE WIFE
CHEATED. THE HAS BEEN SUED AND
HE WON. BUT OVER THE NEXT 50
YEARS, COURTS AND LAWMAKERS
RULED WIVES WERE NOT PROPERTY
AND THEY HAVE EQUAL RIGHTS TO
THEIR HUSBANDS. AND IF THEIR
HUSBANDS SHE DID, THEY COULD
SUE TO SUDDENLY IN THE 1930'S
LAWMAKERS GOT WORRIED ABOUT
BLACKMAIL AND EXTORTION SAYING
ALIENATION OF AFFECTION DIDN'T
WORK ANYMORE IN 1935, INDIANA
BECAME THE FIRST STATE TO BAN
IT SINCE THEN. 42 STATES HAVE
BANNED SUING A SPOUSE OVER
INFIDELITY. EVEN ENGLAND, THE
PLACE WHERE IT ALL STARTED
BANNED IT IN 1970, BUT NOT IN
NORTH CAROLINA. WE'RE ONE OF A
HANDFUL OF STATES THAT HAVE
KEPT IT GOING TO THIS DAY.
AND WE'VE SEEN LOTS OF
HIGH-PROFILE CASES AS A RESULT
IN 1999, A WHITE SUIT, HER
HUSBAND FOR SLEEPING WITH THE
SECRETARY, THE WIFE ONE GETTING
HALF A MILLION DOLLARS. AND
AFTER THE TRIAL, THE HUSBAND
MARRIED TO THE SECRETARY.
THE STORY WAS TURNED INTO A
LIFETIME MOVIE. IT WAS CALLED
THE PRICE OF A BROKEN HEART
IN 2011 CASE OUT OF WAKE
COUNTY. AND AS WITH THE
DEFENDANT PAYING 30 MILLION
DOLLARS IN DAMAGES IN 2017, A
CASE NEARLY SPELL THE END OF
ALIENATION OF AFFECTION FOR
THE STATE SUPREME COURT RULED
ONLY THE LEGISLATURE COULD END
THAT PRACTICE FOR GOOD AND THE
LEGISLATURE HAS TRIED AND
FAILED BILLS TO BAN ALIENATION
OF AFFECTION IN NORTH CAROLINA
HAVE BEEN COMING UP FOR
DECADES. NONE HAVE BEEN
SUCCESSFUL. IN FACT, THERE'S
ONE IN COMMITTEE NOW WHO KNOWS
IF IT WILL GET A VOTE IN THE
MEANTIME, YOU CAN STILL SUE
AND WIN IF YOUR SPOUSE CHEATS
AND THAT'S HOW WE GOT HERE.
>> SO THERE YOU HAVE IT.
BUT THAT THAT ONE QUESTION DOES
REMAIN. WHY? WHY IS ALIENATION
OF AFFECTION? STILL A THING
HERE IN NORTH CAROLINA. SO
LET'S THINK ABOUT AT LEAST ONE
OF THE ARGUMENTS AS TO WHY SO
FIRST, YOU HAVE TO REMEMBER,
THIS IS NOT A CRIMINAL OFFENSE.
THIS ALL HAPPENS IN CIVIL
COURT. THAT JUDGE JUDY STUFF,
CIVIL COURT IS WHERE YOU GO
WHEN YOU'VE BEEN WRONGED.
BUT NO ONE IS GOING TO GO TO
JAIL FOR THAT USUALLY MEANS
IT'S BECAUSE IT INVOLVES SOME
MONEY. YES, THE STORIES ARE
SALACIOUS. GOT A MARRIED
COUPLE. HAPPY BY ALL ACCOUNTS.
AND ONE DAY, A SPOUSE GET
SEDUCED BY SOMEONE WHO KNEW
THEY WERE MARRIED IN. THE WHOLE
THING GOES UP IN FLAMES.
BUT LOOK, DON'T FORGET IT.
HEART ISN'T THE ONLY THING THAT
GETS BROKEN INTO IN A SITUATION
LIKE THAT OFTEN TIMES. SO DOES
EVERYTHING ELSE. THE HOUSE CARS
BANK ACCOUNTS TIME WITH THE
KIDS, ET CETERA. AND THAT'S
WORTH SOMETHING. AND IT COSTS
A LOT. SHOULDN'T THE INNOCENT
PARTY BE MADE WHOLE? THAT'S
THE ARGUMENT. THE WAY
ALIENATION OF AFFECTION CASES
RARELY MAKE IT AS FAR AS THE
ONE WE SAW THIS WEEK, THE
BURDEN OF PROOF IS PRETTY HIGH
IN THE STATUTE OF LIMITATIONS
IS STRICT IS A DIFFICULT
OPTION. BUT IT IS AND OPTION