Misenheimer v. Burris

637 S.E.2d 173, 360 N.C. 620, 2006 N.C. LEXIS 1196
CourtSupreme Court of North Carolina
DecidedNovember 17, 2006
Docket245A05
StatusPublished
Cited by24 cases

This text of 637 S.E.2d 173 (Misenheimer v. Burris) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Misenheimer v. Burris, 637 S.E.2d 173, 360 N.C. 620, 2006 N.C. LEXIS 1196 (N.C. 2006).

Opinions

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.

[621]*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 frequented plaintiff’s automotive and equipment repair shop located on the property with the Misc.heimer family home, and the two became friends. Defendant began working for plaintiff in the mid-1980s and was at the Misc.heimers’ home working or visiting five to ten times per week through the early 1990s. Their families also grew close, going on trips together and visiting each other frequently.

Unbeknownst to plaintiff, Mrs. Misc.heimer and defendant began an extramarital affair in 1991, which did not end until 1994 or 1995. During 1995 and 1996, plaintiff and defendant had a business dispute that damaged their relationship, although they continued to have contact with each other. In February of 1996, Mrs. Misc.heimer informed plaintiff that she wanted a divorce. Plaintiff and Mrs. Misc.heimer received counseling through their church to no avail, and in early 1997 Mrs. Misc.heimer communicated to plaintiff that she still wished to separate.

Plaintiff was uncertain whether any type of romantic or sexual relationship existed between defendant and Mrs. Misc.heimer. In October 1996, plaintiff confronted defendant about any possible sexual activity with Mrs. Misc.heimer. Plaintiff believed defendant’s statement that “[he] may have done some things that [he] shouldn’t have, but [he] didn’t sleep with [Mrs. Misc.heimer].” Finally, on 15 March 1997, Mrs. Misc.heimer separated from plaintiff by leaving the family home.

Plaintiff first confirmed defendant’s extramarital affair with Mrs. Misc.heimer in July of 1997 during a marital counseling session. Immediately after this session, Mrs. Misc.heimer acknowledged that she and defendant engaged in “an affair of the hands and the heart.” The Misc.heimers’ divorce was final in early 2000, and plaintiff filed an action for criminal conversation on 12 April 2000, within three years of his discovery of the affair.

The matter came on for hearing, and after the close of plaintiff’s evidence the trial court denied defendant’s motion to dismiss the criminal conversation claim, finding that the discovery rule codified in N.C.G.S. § 1-52(16) applies to criminal conversation actions. At the close of all evidence, the trial court instructed the jury that the bur[622]*622den of proof was on the plaintiff to satisfy the jury, by the greater weight of the evidence, that he brought the action before the expiration of the three year statute of limitations. With regard to application of the discovery rule codified in N.C.G.S. § 1-52(16), the trial court instructed the jury that the statute of limitations is tolled until harm to the claimant becomes apparent or reasonably should have become apparent. The jury returned a verdict finding defendant engaged in criminal conversation with Mrs. Misc.heimer and that plaintiffs action was commenced within the statute of limitations. The jury awarded plaintiff $100,001 in actual damages and $250,000 in punitive damages, and the trial court entered judgment consistent with that verdict.

Defendant appealed this judgment to the Court of Appeals, arguing, inter alia, that the trial court committed reversible error in ruling that the statutory discovery rule of N.C.G.S. § 1-52(16) applies to actions for criminal conversation. In a divided decision, the Court of Appeals agreed with defendant, reversed the trial court’s order denying him a directed verdict, and remanded the case to the trial court. On 10 May 2005, plaintiff filed his appeal of right to this Court based upon the dissenting opinion. On 6 October 2005, this Court allowed defendant’s petition for writ of certiorari to consider additional issues not addressed by the Court of Appeals.

ANALYSIS

The pertinent statute of limitations provides that a plaintiff must file an action within three years “[f]or criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.” N.C.G.S. § 1-52(5) (2005). N.C.G.S. § 1-52(16) establishes what is commonly referred to as the discovery rule, which tolls the running of the statute of limitations for torts resulting in certain latent injuries. The discovery rule provides that:

Unless otherwise provided by statute, for personal injury or physical damage to claimant’s property, the cause of action . . . shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

Id. § 1-52(16) (2005).

[623]*623In construing this statutory language, we are guided by longstanding rules of statutory interpretation. First, if a statute is clear and unambiguous, no construction of the legislative intent is required and the words are applied in their normal and usual meaning. See Diaz v. Div. of Soc. Servs., 360 N.C. 384, 387, 628 S.E.2d 1, 3 (2006) (citing Burgess v. Your House of Raleigh, Inc., 326 N.C. 205, 209, 388 S.E.2d 134, 136 (1990)). “However, when the language of a statute is ambiguous, this Court will determine the purpose of the statute and the intent of the legislature in its enactment.” Diaz, 360 N.C. at 387, 628 S.E.2d at 3 (citing Coastal Ready-Mix Concrete Co. v. Bd. of Comm’rs, 299 N.C. 620, 629, 265 S.E.2d 379, 385 (1980) (“The best indicia of [legislative] intent are the language of the statute or ordinance, the spirit of the act and what the act seeks to accomplish.”)). Additionally, if a statute is remedial in nature, seeking to “advance the remedy and repress the evil” it must be liberally construed to effectuate the intent of the legislature. DiDonato v. Wortman, 320 N.C. 423, 430 n.2, 358 S.E.2d 489, 493 n.2 (1987) (internal quotation marks omitted).

We find N.C.G.S. § 1-52(16) to be ambiguous on its face. The statute provides a discovery rule for actions in “personal injury.” The term personal injury has a wide range of meanings. In the context of the statute in question, personal injury could be defined as either: “[A]ny harm caused to a person, such as a broken bone, a cut, or a bruise; bodily injury,” or “[a]ny invasion of a personal right, including mental suffering and false imprisonment.” Black’s Law Dictionary 802 (8th ed. 2004).

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Cite This Page — Counsel Stack

Bluebook (online)
637 S.E.2d 173, 360 N.C. 620, 2006 N.C. LEXIS 1196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/misenheimer-v-burris-nc-2006.