Misenheimer v. Burris

BRADY, Justice.

The question presented is an issue of first impression: Whether, in an action for criminal conversation, the applicable statute of limitations is tolled until discovery of the extramarital- affair by the aggrieved party. Because we hold that the discovery rule of N.C.G.S. § 1-52(16) applies to actions for criminal conversation, we reverse the Court of Appeals.

*621FACTUAL BACKGROUND

Donald Eugene Misc.heimer ■ (plaintiff) and his wife, Rebecca Misc.heimer (Mrs. Misc.heimer) were married in February 1971. Plaintiff met James Clayton Burris (defendant) in the 1970s. Defendant…