Legal News

N.C. Courts Face Seduction Lawsuit Over Judge's Affair

By Matthew Heller, Editor

North Carolina judges have stubbornly refused to abolish the archaic tort of alienation of affections. They may have a change of heart now that one of their own has been sued for seducing another man's wife.

Judge Kevin Eddinger

Rowan County District Court Judge Kevin Eddinger has admitted having an affair with Robin Isenhour, who worked as a clerk in his courtroom. North Carolina's judicial ethics commission did not recommend that he should be disciplined for the affair and he was reelected to the bench last year.

But North Carolina is one of only seven states that continues to allow plaintiffs to recover damages for sexual indiscretions, a remedy dating back to times when wives were considered property. In March 2010, a Guilford County, N.C., jury awarded what may be a record $9 million to a jilted wife.

And now Isenhour's husband is suing Eddinger for two "heart balm" torts ? alienation of affections and criminal conversation, which punishes an adulterer for having sex with a married person without the consent of the other spouse. Eddinger himself is married and the father of twins.

?[B]y reason of Defendant's malicious and unlawful conduct with Plaintiff's wife, Defendant has alienated Plaintiff's wife's affections from Plaintiff,? Ronnie D. Isenhour says in a complaint that seeks at least $20,000 in damages.

The North Carolina Court of Appeals did abolish ?heart balm? torts in 1986. ?While the historical remedies allowed by these causes of action have undergone some progressive changes through the years, the actions remain permeated with the uncultivated and obsolete ideas which marked their origin,? it said in Cannon v. Miller, 322 S.E.2d 780 (1984).

But the state Supreme Court vacated that decision two months later and, since then, appellate courts have routinely upheld awards to plaintiffs in alienation of affections cases. If love and affection are alienated, a court said in Peake v. Shirley, 427 S.E.2d 885 (1993), "The question then becomes whether plaintiff presented sufficient evidence that the wrongful acts of defendant produced the alienation of affections."

According to Ronnie Isenhour, his wife had sex with Eddinger on ?numerous occasions? between December 2008 and February 2009, meeting for trysts at the home of Eddinger's brother and a hotel. Isenhour portrays the judge as a veritable courtroom Casanova who ?only got involved with  Plaintiff's wife to use her for his pleasure? and then said his feelings for her were a lie after her husband discovered the affair.

?The Defendant knew what to say, how to act, and what to do to get Plaintiff's wife to do what he wanted her to do for only so long as he wanted her around,? the suit says.

Eddinger allegedly alienated the affections of Robin Isenhour by making ?statements and remarks to Plaintiff's wife to the effect that he loved her, and wanted to be with her.? At a Super Bowl party hosted by the Isenhours on Feb. 1, 2009, the suit says, he showed up with his wife and twins ?because he could not stand being away from Plaintiff's wife.?

Robin Isenhour confessed to her husband on Feb. 11, 2009, he alleges, after he confronted her with text messages from Eddinger saying ?hi cutie? and ?love you.?

Eddinger won reelection with more than 55 percent of the vote. He admitted during his campaign that he had a consensual relationship with Robin Isenhour, saying he was ?truly and deeply sorry that all this has happened.?

With North Carolina juries being so receptive to alienation of affections claims (see table), he could be even sorrier if the Isenhour case goes to trial. His best option may be to settle ? or lobby the state Legislature to get rid of the tort once and for all.

By Matthew Heller
On Point

Full post as published by On Point News on March 14, 2011 (boomark / email).