Scott v. Kiker

VAUGHN, Judge.

Alienation of affections and criminal conversation are tort actions. Elements of an action for alienation of affections are: the marriage, the loss of affection, the wrongful and malicious conduct of defendant, and a causal connection between such loss and conduct. Criminal conversation is adultery. The cause of action is based on the violation of the fundamental right to exclusive sexual intercourse between spouses. Sebastian v. Kluttz, 6 N.C. App. 201, 170 S.E. 2d 104 (1969).

Defendant’s first argument is that the trial court erred by allowing plaintiff to testify about his…