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Mecklenburg County Clerk of Superior Court
240V016810-590
STATE OF NORTH CAROLINA IN THE GENERAL COURTS OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF MECKLENBURG 24-CVS-
JENNA BRANNON, )
Plaintiff, )
v. ) COMPLAINT
)
HEATHER WOODS DALTON, )
Defendant. )
Plaintiff Jenna Brannon, complaining of Defendant Heather Woods Dalton, alleges and
says as follows:
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff Jenna Brannon (hereinafter "Plaintiff') is an adult citizen and a resident of
Mecklenburg County, North Carolina.
2. Defendant Heather Woods Dalton (hereinafter "Defendant") is an adult citizen and
a resident of Knox County, Tennessee.
3. This Court has jurisdiction over the parties and the subject matter of this dispute.
4. Venue is proper in Mecklenburg County.
5. The amount in controversy exceeds $25,000.00.
FACTUAL ALLEGATIONS
6. Plaintiff and Nicholas Brannon (hereinafter "Mr. Brannon" or "Plaintiff's
Husband") were married to one another on December 31,2003. They began dating when Plaintiff
was eighteen years old.
7. Plaintiff and Mr. Brannon were legally separated on May 24, 2021, after nineteen
years of marriage. Plaintiff and Mr. Brannon are not yet divorced.
8. Plaintiff and Mr. Brannon are the parents of two minor children, namely Miller
Brannon, born on August 27, 2008, and Palmer Brannon, born on April 6, 2012.
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Electronically Filed Date: 4/12/2024 3:58 PM Mecklenburg County Clerk of Superior Court
9. At all times relevant to this litigation, Plaintiff and Mr. Brannon were husband and
wife, and Defendant was aware of the continuing marital relationship between Plaintiff and Mr.
Brannon.
10. Mr. Brannon has also admitted to Plaintiff that Defendant knew Plaintiff and Mr.
Brannon were married at the time she engaged in the conduct alleged herein.
11. During her marriage to Mr. Brannon and prior to their separation, Plaintiff
endeavored to provide Mr. Brannon with a stable, comfortable, and loving home. Indeed, at Mr.
Brannon's suggestion and with Plaintiff's agreement, Plaintiff did not work outside the home prior
to the date of separation so that she could devote all her energy to Mr. Brannon and their children.
12. Plaintiff sought to generate mutual love and respect with Mr. Brannon and, with
utmost commitment, made every effort to make their marriage successful.
13. Throughout the marriage, Plaintiff treated Mr. Brannon in a manner evidencing
consideration, kindness, affection, admiration, trust, compassion, and love. Until the wrongful
conduct of Defendant as set forth herein, Mr. Brannon treated Plaintiff in the same loving manner.
14. Prior to the actions of Defendant as alleged herein, Plaintiff and Mr. Brannon were
happily married, had a genuine marital relationship, and genuine love and affection existed
between them.
15. Indeed, until Defendant's illicit affair with Mr. Brannon, every indication from Mr.
Brannon was that he was happy and satisfied with his loving marriage to Plaintiff.
16. Plaintiffand Mr. Brannon also purchased a new home in or around September 2020
and began a new construction project on that home in or around March/April 2021.
17. Defendant and Mr. Brannon are from the same home town.
18. Atsome point, and unbeknownst to Plaintiff, Defendant acquired and had an undue
influence over Mr. Brannon prior to the date of separation. By means of this undue influence,
Defendant maliciously and with wanton disregard of Plaintiff and her feelings and conjugal rights,
and with a specific intent to injure Plaintiff and deprive her of the comfort, society, and assistance
of her husband, seduced Mr. Brannon and produced and brought about the loss and alienation of
Mr. Brannon's love and affection for Plaintiff. These actions deprived Plaintiff of her conjugal
rights to her husband's consortium, and as a result, Plaintiff's family has been destroyed and
Plaintiff's home has become desolate and ruined.
19. During Plaintiff's marriage to Mr. Brannon and prior to Plaintiff's separation from
Mr. Brannon, Defendant began making advances toward Mr. Brannon. Those advances, which
were in violation of the marital relationship between Plaintiff and her husband, were made in an
open and notorious fashion as to make the relationship known to the general public.
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20. Specifically, Defendant began regularly communicating with Mr. Brannon,
including via text messages, phone calls, social media messages (including sending Mr. Brannon
nude photographs of herself via Snapchat), and emails.
21. Defendant also met with Mr. Brannon on a regular basis and in various locations
within and outside North Carolina, and otherwise conducted herself in a manner with Plaintiff's
Husband as if he were not married.
22. During Plaintiff's marriage to Mr. Brannon and prior to the date of separation,
Defendant had sexual relations with Mr. Brannon on a regular basis in locations within and outside
North Carolina. Defendant's wrongful alienating conduct and her engaging in sexual relations
with Plaintiffs Husband destroyed any possibility that Plaintiff and Mr. Brannon's marriage could
or would be successful.
23. For example
and as admitted by Mr. Brannon under oath Defendant and Mr.
Brannon engaged in sexual intercourse in at least the following locations in North Carolina prior
to the date of separation:
a. Asheville, North Carolina;
b. Morganton, North Carolina; and
c. Raleigh, North Carolina (on two separate occasions).
24. On another occasion, Defendant and Mr. Brannon also engaged in oral sex in
Asheville, North Carolina prior to the date of separation.
25. Upon information and belief, Defendant and Mr. Brannon engaged in sexual
intercourse in North Carolina (and other places) prior to the date of separation on other occasions,
too.
26. Mr. Brannon also admitted to Plaintiff that he and Defendant engaged in sexual
intercourse, including in North Carolina, prior to the date of separation.
27. Defendant enticed Plaintiff's husband away from Plaintiff and acquired an undue
influence over him which was the direct cause of great marital discord between Plaintiff and her
husband.
28. Indeed, Defendant persuaded Mr. Brannon to begin and continue their affair, and
convinced Mr. Brannon to leave Plaintiff. Mr. Brannon admitted under oath that he had no
intention of ending his marriage with Plaintiff at the time he began his relationship with Defendant.
29. Defendant's conduct as set forth above was in fact the direct and deliberate attempt
on the part of Defendant to cause the alienation of Mr. Brannon's affections from Plaintiff.
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30. Defendant's wrongful, malicious, and intentional acts have caused the loss of
affection by Mr. Brannon for Plaintiff and have deprived Plaintiff of the affection, love, society,
companionship, and comfort of and with her husband.
31. As a direct and foreseeable result of Defendant's intentional acts as set forth above,
Plaintiff has been deprived of the comfort, society, aid, services, and support of her husband, has
had placed upon her a lifetime stigma and has suffered mental, emotional, and bodily distress.
32. All of Defendant's
behavior as set forth above has been intentional, extreme, and
outrageous. It has been done willfully, maliciously, and recklessly.
33. The value to Plaintiff of the affections of her husband is immeasurable in dollars
and cents, but Defendant has caused Plaintiff to suffer damages in an amount not as yet finally
determined, but well in excess of $25,000.
34. The harm that Plaintiff has suffered, and will continue to suffer, includes but is
certainly not limited to mental anguish, humiliation, oppression, loss of consortium,
embarrassment, depression, anxiety, concern for her children, the loss of Mr. Brannon's affections,
and other severe emotional distress and injury. Plaintiff has also sought and obtained therapeutic
treatment and has been prescribed medication to assist with her struggles.
35. Plaintiff and Mr. Brannon are also now legally separated, which has necessitated
Plaintiff to incur legal fees and engage in domestic litigation against Mr. Brannon related to, at
least, a loss of support and consortium from Mr. Brannon which Plaintiff enjoyed prior to the date
of separation.
36. Since the date of separation, Mr. Brannon has also failed to properly provide
adequate financial support to Plaintiff and their children.
37. As stated above, upon information and belief, Defendant is a resident of Tennessee.
However, this Court has personal jurisdiction over Defendant and subject matter jurisdiction over
the claims asserted herein for at least the following reasons, all of which occurred both before and
after the date of separation between Plaintiff and Mr. Brannon:
a. Defendant traveled to North Carolina to visit Mr. Brannon and alienate his affection
from Plaintiff;
b. Defendant and Mr. Brannon engaged in sexual intercourse and other sexual conduct
in North Carolina;
c. Defendant sent text messages to Mr. Brannon while she knew he was in North
Carolina;
d. Defendant sent social media messages (including nude photographs of herself) to
Mr. Brannon while she knew he was in North Carolina;
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e. Defendant called Mr. Brannon while she knew he was in North Carolina; and
f. All other ways to be proven at trial.
38. Plaintiff did not have any extramarital affairs.
39. Evenafter the date of separation between Plaintiff and Mr. Brannon, Defendant has
continued to harm Plaintiff. For example, upon information and belief, Defendant has encouraged
Mr. Brannon to threaten Plaintiff, including at least by Mr. Brannon admittedly telling Plaintiff
that he would destroy her in court if she attempted to pursue tort claims against Defendant. Upon
further information and belief, Defendant has also composed some text messages that were sent to
Plaintiff from Mr. Brannon's phone.
40. All conditions precedent to Plaintiff filing this lawsuit have either been met or
waived by Defendants.
FIRST CLAIM FOR RELIEF
[Alienation of Affection]
41. Plaintiff restates and realleges the allegations contained above as if fully set forth
herein.
42. Prior to Defendant's interference and alienating conduct, Plaintiff and Mr. Brannon
were happily married with a genuine love and affection existing between them.
43. As described more fully above, Defendant alienated and destroyed that genuine
love and affection.
44, Defendant's alienation and destruction of such love and affection was done
wrongfully, maliciously, and intentionally.
45. Defendant's malice is shown, at least, by her various acts of sexual intercourse with
Mr. Brannon prior to Plaintiff and Mr. Brannon's date of separation.
46. Plaintiff did not consent to Defendant's wrongful interference into Plaintiff's
marriage with Mr. Brannon.
47. Asadirect and proximate result of Defendant's alienation of affection, Plaintiff has
been damaged in an amount to be determined at trial.
48. Defendant's conduct was also malicious, intentional, willful, and done with a
reckless and wanton disregard for Plaintiffs rights. Plaintiff is therefore entitled to recover
punitive damages from Defendant pursuant to N.C. Gen. Stat. §§ 1D-1, et seg., in an amount to be
determined at trial, sufficient to punish Defendant for her wrongful conduct and to deter such
conduct in the future by Defendant and others similarly situated.
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SECOND CLAIM FOR RELIEF
{Criminal Conversation]
49. Plaintiff restates and realleges the allegations contained above as if fully set forth
herein.
50. Plaintiff and Mr. Brannon were married at all times relevant to this litigation and
are still married.
51. During Plaintiff and Mr. Brannon's marriage and prior to their date of separation,
Defendant and Plaintiff's Husband engaged in sexual intercourse.
52. That sexual intercourse occurred in North Carolina prior to the date of separation,
as well as in other locations.
53. Defendant knew that Plaintiff and Mr. Brannon were married at the time Defendant
and Mr. Brannon engaged in sexual intercourse.
IDefendant's sexual relationship with Mr. Brannon was without Plaintiff's
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knowledge, consent, or connivance.
55. Asadirect and proximate result of Defendant's criminal conversation, Plaintiff has
been damaged in an amount to be determined at trial.
56.Defendant's conduct was also malicious, intentional, willful, and done with a
reckless and wanton disregard for Plaintiffs rights. Plaintiff is therefore entitled to recover
punitive damages from Defendant pursuant to N.C. Gen. Stat. §§ 1D-1, et seg., in an amount to be
determined at trial, sufficient to punish Defendant for her wrongful conduct and to deter such
conduct in the future by Defendant and others similarly situated.
THIRD CLAIM FOR RELIEF
[Intentional Infliction of Emotional Distress]
57. Plaintiff restates and realleges the allegations contained above as if fully set forth
herein.
58. Defendant's conduct, as described above, was extreme and outrageous.
59. Defendant's conduct was intended to cause severe emotional distress to Plaintiff or
indicated a reckless indifference to the likelihood that such conduct would cause severe emotional
distress.
60. Defendant's conduct, in fact, caused severe emotional distress to Plaintiff.
61. As a direct and proximate result of Defendant's intentional infliction of emotional
distress, Plaintiff has been damaged in an amount to be proven at trial.
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62. Defendant's conduct was also malicious, intentional, willful, and done with a
reckless and wanton disregard for Plaintiffs rights. Plaintiff is therefore entitled to recover
punitive damages from Defendant pursuant to N.C. Gen. Stat. §§ 1D-1, ef seq., in an amount to be
determined at trial, sufficient to punish Defendant for her wrongful conduct and to deter such
conduct in the future by Defendant and others similarly situated.
FOURTH (ALTERNATIVE) CLAIM FOR RELIEF
[Negligent Infliction of Emotional Distress]
63. Plaintiff restates and realleges the allegations contained above as if fully set forth
herein.
64. In the alternative to Plaintiffs claim for intentional infliction of emotional distress
and as more fully described above, Defendant's conduct was negligent. Defendant owed Plaintiff
a duty not to inflict severe emotional distress, and Defendant breached that duty by pursuing
Plaintiff's Husband, engaging in a sexual affair with Plaintiff's Husband, alienating the affection
that existed between Plaintiff and Plaintiff's Husband, and continuing to harass Plaintiff even after
completion of her alienation.
65. It was reasonably foreseeable to Defendant that such conduct would cause Plaintiff
to suffer severe emotional distress.
66. Defendant's conduct did, in fact, cause Plaintiff to suffer severe emotional distress.
67. Asa direct and proximate result of Defendant's negligent infliction of emotional
distress, Plaintiff has been damaged in an amount to be proven at trial.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays the Court for the following relief against Defendants:
1. An award for Plaintiff against Defendant based on Defendant's alienation of
affection, criminal conversation, intentional infliction of emotional distress, and alternatively
negligent infliction of emotional distress in an amount to be determined at trial, plus interest;
2. That the Court award Plaintiff punitive damages against Defendant pursuant to N.C.
Gen. Stat. §§ 1D-1, et seq.;
3. That the Court award Plaintiff her reasonable attorneys' fees to the fullest extent
allowed by law;
4. That the Court tax the costs of this action against Defendant;
5. That all issues triable by a jury be so tried; and
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6. For all other relief, both legal and equitable, which the Court deems just and proper.
This the day of April, 2024.
JAMES Y & DIEHL, P.A.
John R. Bickley, N.C. State Bar No. 41126
525 N.fryon Stréet, Suite 700
Charlétte, North Carolina 28202
Telephone: (704) 372-9870
Facsimile: (704) 333-5508
Email: jbrickley@jmdlaw.com
Attorneys for Plaintiff
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Mecklenburg County Clerk of Superior Court 240V016810-590 STATE OF NORTH CAROLINA IN THE GENERAL COURTS OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF MECKLENBURG 24-CVS- JENNA BRANNON, ) Plaintiff, ) v. ) COMPLAINT ) HEATHER WOODS DALTON, ) Defendant. ) Plaintiff Jenna Brannon, complaining of Defendant Heather Woods Dalton, alleges and says as follows: PARTIES, JURISDICTION, AND VENUE 1. Plaintiff Jenna Brannon (hereinafter "Plaintiff') is an adult citizen and a resident of Mecklenburg County, North Carolina. 2. Defendant Heather Woods Dalton (hereinafter "Defendant") is an adult citizen and a resident of Knox County, Tennessee. 3. This Court has jurisdiction over the parties and the subject matter of this dispute. 4. Venue is proper in Mecklenburg County. 5. The amount in controversy exceeds $25,000.00. FACTUAL ALLEGATIONS 6. Plaintiff and Nicholas Brannon (hereinafter "Mr. Brannon" or "Plaintiff's Husband") were married to one another on December 31,2003. They began dating when Plaintiff was eighteen years old. 7. Plaintiff and Mr. Brannon were legally separated on May 24, 2021, after nineteen years of marriage. Plaintiff and Mr. Brannon are not yet divorced. 8. Plaintiff and Mr. Brannon are the parents of two minor children, namely Miller Brannon, born on August 27, 2008, and Palmer Brannon, born on April 6, 2012. 1 Electronically Filed Date: 4/12/2024 3:58 PM Mecklenburg County Clerk of Superior Court 9. At all times relevant to this litigation, Plaintiff and Mr. Brannon were husband and wife, and Defendant was aware of the continuing marital relationship between Plaintiff and Mr. Brannon. 10. Mr. Brannon has also admitted to Plaintiff that Defendant knew Plaintiff and Mr. Brannon were married at the time she engaged in the conduct alleged herein. 11. During her marriage to Mr. Brannon and prior to their separation, Plaintiff endeavored to provide Mr. Brannon with a stable, comfortable, and loving home. Indeed, at Mr. Brannon's suggestion and with Plaintiff's agreement, Plaintiff did not work outside the home prior to the date of separation so that she could devote all her energy to Mr. Brannon and their children. 12. Plaintiff sought to generate mutual love and respect with Mr. Brannon and, with utmost commitment, made every effort to make their marriage successful. 13. Throughout the marriage, Plaintiff treated Mr. Brannon in a manner evidencing consideration, kindness, affection, admiration, trust, compassion, and love. Until the wrongful conduct of Defendant as set forth herein, Mr. Brannon treated Plaintiff in the same loving manner. 14. Prior to the actions of Defendant as alleged herein, Plaintiff and Mr. Brannon were happily married, had a genuine marital relationship, and genuine love and affection existed between them. 15. Indeed, until Defendant's illicit affair with Mr. Brannon, every indication from Mr. Brannon was that he was happy and satisfied with his loving marriage to Plaintiff. 16. Plaintiffand Mr. Brannon also purchased a new home in or around September 2020 and began a new construction project on that home in or around March/April 2021. 17. Defendant and Mr. Brannon are from the same home town. 18. Atsome point, and unbeknownst to Plaintiff, Defendant acquired and had an undue influence over Mr. Brannon prior to the date of separation. By means of this undue influence, Defendant maliciously and with wanton disregard of Plaintiff and her feelings and conjugal rights, and with a specific intent to injure Plaintiff and deprive her of the comfort, society, and assistance of her husband, seduced Mr. Brannon and produced and brought about the loss and alienation of Mr. Brannon's love and affection for Plaintiff. These actions deprived Plaintiff of her conjugal rights to her husband's consortium, and as a result, Plaintiff's family has been destroyed and Plaintiff's home has become desolate and ruined. 19. During Plaintiff's marriage to Mr. Brannon and prior to Plaintiff's separation from Mr. Brannon, Defendant began making advances toward Mr. Brannon. Those advances, which were in violation of the marital relationship between Plaintiff and her husband, were made in an open and notorious fashion as to make the relationship known to the general public. 2 20. Specifically, Defendant began regularly communicating with Mr. Brannon, including via text messages, phone calls, social media messages (including sending Mr. Brannon nude photographs of herself via Snapchat), and emails. 21. Defendant also met with Mr. Brannon on a regular basis and in various locations within and outside North Carolina, and otherwise conducted herself in a manner with Plaintiff's Husband as if he were not married. 22. During Plaintiff's marriage to Mr. Brannon and prior to the date of separation, Defendant had sexual relations with Mr. Brannon on a regular basis in locations within and outside North Carolina. Defendant's wrongful alienating conduct and her engaging in sexual relations with Plaintiffs Husband destroyed any possibility that Plaintiff and Mr. Brannon's marriage could or would be successful. 23. For example and as admitted by Mr. Brannon under oath Defendant and Mr. Brannon engaged in sexual intercourse in at least the following locations in North Carolina prior to the date of separation: a. Asheville, North Carolina; b. Morganton, North Carolina; and c. Raleigh, North Carolina (on two separate occasions). 24. On another occasion, Defendant and Mr. Brannon also engaged in oral sex in Asheville, North Carolina prior to the date of separation. 25. Upon information and belief, Defendant and Mr. Brannon engaged in sexual intercourse in North Carolina (and other places) prior to the date of separation on other occasions, too. 26. Mr. Brannon also admitted to Plaintiff that he and Defendant engaged in sexual intercourse, including in North Carolina, prior to the date of separation. 27. Defendant enticed Plaintiff's husband away from Plaintiff and acquired an undue influence over him which was the direct cause of great marital discord between Plaintiff and her husband. 28. Indeed, Defendant persuaded Mr. Brannon to begin and continue their affair, and convinced Mr. Brannon to leave Plaintiff. Mr. Brannon admitted under oath that he had no intention of ending his marriage with Plaintiff at the time he began his relationship with Defendant. 29. Defendant's conduct as set forth above was in fact the direct and deliberate attempt on the part of Defendant to cause the alienation of Mr. Brannon's affections from Plaintiff. 3 30. Defendant's wrongful, malicious, and intentional acts have caused the loss of affection by Mr. Brannon for Plaintiff and have deprived Plaintiff of the affection, love, society, companionship, and comfort of and with her husband. 31. As a direct and foreseeable result of Defendant's intentional acts as set forth above, Plaintiff has been deprived of the comfort, society, aid, services, and support of her husband, has had placed upon her a lifetime stigma and has suffered mental, emotional, and bodily distress. 32. All of Defendant's behavior as set forth above has been intentional, extreme, and outrageous. It has been done willfully, maliciously, and recklessly. 33. The value to Plaintiff of the affections of her husband is immeasurable in dollars and cents, but Defendant has caused Plaintiff to suffer damages in an amount not as yet finally determined, but well in excess of $25,000. 34. The harm that Plaintiff has suffered, and will continue to suffer, includes but is certainly not limited to mental anguish, humiliation, oppression, loss of consortium, embarrassment, depression, anxiety, concern for her children, the loss of Mr. Brannon's affections, and other severe emotional distress and injury. Plaintiff has also sought and obtained therapeutic treatment and has been prescribed medication to assist with her struggles. 35. Plaintiff and Mr. Brannon are also now legally separated, which has necessitated Plaintiff to incur legal fees and engage in domestic litigation against Mr. Brannon related to, at least, a loss of support and consortium from Mr. Brannon which Plaintiff enjoyed prior to the date of separation. 36. Since the date of separation, Mr. Brannon has also failed to properly provide adequate financial support to Plaintiff and their children. 37. As stated above, upon information and belief, Defendant is a resident of Tennessee. However, this Court has personal jurisdiction over Defendant and subject matter jurisdiction over the claims asserted herein for at least the following reasons, all of which occurred both before and after the date of separation between Plaintiff and Mr. Brannon: a. Defendant traveled to North Carolina to visit Mr. Brannon and alienate his affection from Plaintiff; b. Defendant and Mr. Brannon engaged in sexual intercourse and other sexual conduct in North Carolina; c. Defendant sent text messages to Mr. Brannon while she knew he was in North Carolina; d. Defendant sent social media messages (including nude photographs of herself) to Mr. Brannon while she knew he was in North Carolina; 4 e. Defendant called Mr. Brannon while she knew he was in North Carolina; and f. All other ways to be proven at trial. 38. Plaintiff did not have any extramarital affairs. 39. Evenafter the date of separation between Plaintiff and Mr. Brannon, Defendant has continued to harm Plaintiff. For example, upon information and belief, Defendant has encouraged Mr. Brannon to threaten Plaintiff, including at least by Mr. Brannon admittedly telling Plaintiff that he would destroy her in court if she attempted to pursue tort claims against Defendant. Upon further information and belief, Defendant has also composed some text messages that were sent to Plaintiff from Mr. Brannon's phone. 40. All conditions precedent to Plaintiff filing this lawsuit have either been met or waived by Defendants. FIRST CLAIM FOR RELIEF [Alienation of Affection] 41. Plaintiff restates and realleges the allegations contained above as if fully set forth herein. 42. Prior to Defendant's interference and alienating conduct, Plaintiff and Mr. Brannon were happily married with a genuine love and affection existing between them. 43. As described more fully above, Defendant alienated and destroyed that genuine love and affection. 44, Defendant's alienation and destruction of such love and affection was done wrongfully, maliciously, and intentionally. 45. Defendant's malice is shown, at least, by her various acts of sexual intercourse with Mr. Brannon prior to Plaintiff and Mr. Brannon's date of separation. 46. Plaintiff did not consent to Defendant's wrongful interference into Plaintiff's marriage with Mr. Brannon. 47. Asadirect and proximate result of Defendant's alienation of affection, Plaintiff has been damaged in an amount to be determined at trial. 48. Defendant's conduct was also malicious, intentional, willful, and done with a reckless and wanton disregard for Plaintiffs rights. Plaintiff is therefore entitled to recover punitive damages from Defendant pursuant to N.C. Gen. Stat. §§ 1D-1, et seg., in an amount to be determined at trial, sufficient to punish Defendant for her wrongful conduct and to deter such conduct in the future by Defendant and others similarly situated. 5 SECOND CLAIM FOR RELIEF {Criminal Conversation] 49. Plaintiff restates and realleges the allegations contained above as if fully set forth herein. 50. Plaintiff and Mr. Brannon were married at all times relevant to this litigation and are still married. 51. During Plaintiff and Mr. Brannon's marriage and prior to their date of separation, Defendant and Plaintiff's Husband engaged in sexual intercourse. 52. That sexual intercourse occurred in North Carolina prior to the date of separation, as well as in other locations. 53. Defendant knew that Plaintiff and Mr. Brannon were married at the time Defendant and Mr. Brannon engaged in sexual intercourse. IDefendant's sexual relationship with Mr. Brannon was without Plaintiff's 54. knowledge, consent, or connivance. 55. Asadirect and proximate result of Defendant's criminal conversation, Plaintiff has been damaged in an amount to be determined at trial. 56.Defendant's conduct was also malicious, intentional, willful, and done with a reckless and wanton disregard for Plaintiffs rights. Plaintiff is therefore entitled to recover punitive damages from Defendant pursuant to N.C. Gen. Stat. §§ 1D-1, et seg., in an amount to be determined at trial, sufficient to punish Defendant for her wrongful conduct and to deter such conduct in the future by Defendant and others similarly situated. THIRD CLAIM FOR RELIEF [Intentional Infliction of Emotional Distress] 57. Plaintiff restates and realleges the allegations contained above as if fully set forth herein. 58. Defendant's conduct, as described above, was extreme and outrageous. 59. Defendant's conduct was intended to cause severe emotional distress to Plaintiff or indicated a reckless indifference to the likelihood that such conduct would cause severe emotional distress. 60. Defendant's conduct, in fact, caused severe emotional distress to Plaintiff. 61. As a direct and proximate result of Defendant's intentional infliction of emotional distress, Plaintiff has been damaged in an amount to be proven at trial. 6 62. Defendant's conduct was also malicious, intentional, willful, and done with a reckless and wanton disregard for Plaintiffs rights. Plaintiff is therefore entitled to recover punitive damages from Defendant pursuant to N.C. Gen. Stat. §§ 1D-1, ef seq., in an amount to be determined at trial, sufficient to punish Defendant for her wrongful conduct and to deter such conduct in the future by Defendant and others similarly situated. FOURTH (ALTERNATIVE) CLAIM FOR RELIEF [Negligent Infliction of Emotional Distress] 63. Plaintiff restates and realleges the allegations contained above as if fully set forth herein. 64. In the alternative to Plaintiffs claim for intentional infliction of emotional distress and as more fully described above, Defendant's conduct was negligent. Defendant owed Plaintiff a duty not to inflict severe emotional distress, and Defendant breached that duty by pursuing Plaintiff's Husband, engaging in a sexual affair with Plaintiff's Husband, alienating the affection that existed between Plaintiff and Plaintiff's Husband, and continuing to harass Plaintiff even after completion of her alienation. 65. It was reasonably foreseeable to Defendant that such conduct would cause Plaintiff to suffer severe emotional distress. 66. Defendant's conduct did, in fact, cause Plaintiff to suffer severe emotional distress. 67. Asa direct and proximate result of Defendant's negligent infliction of emotional distress, Plaintiff has been damaged in an amount to be proven at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays the Court for the following relief against Defendants: 1. An award for Plaintiff against Defendant based on Defendant's alienation of affection, criminal conversation, intentional infliction of emotional distress, and alternatively negligent infliction of emotional distress in an amount to be determined at trial, plus interest; 2. That the Court award Plaintiff punitive damages against Defendant pursuant to N.C. Gen. Stat. §§ 1D-1, et seq.; 3. That the Court award Plaintiff her reasonable attorneys' fees to the fullest extent allowed by law; 4. That the Court tax the costs of this action against Defendant; 5. That all issues triable by a jury be so tried; and 7 6. For all other relief, both legal and equitable, which the Court deems just and proper. This the day of April, 2024. JAMES Y & DIEHL, P.A. John R. Bickley, N.C. State Bar No. 41126 525 N.fryon Stréet, Suite 700 Charlétte, North Carolina 28202 Telephone: (704) 372-9870 Facsimile: (704) 333-5508 Email: jbrickley@jmdlaw.com Attorneys for Plaintiff 8