Jury awards $2.3 million in alienation of affection suit
Published 12:00 am Tuesday, July 26, 2011
By Shavonne Potts
spotts@salisburypost.com
SALISBURY ó A jury has awarded a Statesville man $2.3 million in an alienation of affection lawsuit over claims an Iredell County deputy broke up his marriage.
Michael J. Freeman of Mooresville was ordered to pay Brian Clark McCoy of Statesville after McCoyís 11-year marriage ended.
McCoy originally filed the suit in Iredell County in 2005, but was awarded a transfer to Rowan County last year.
The case was settled Tuesday in Rowan Superior Court.
According to the lawsuit, Angela Brewer McCoy and Freeman carried on an ěadulterous affair which included meetings between the two and acts of sexual intercourse.î
Angela McCoy left her husband one day shy of their 11th wedding anniversary, according to the lawsuit.
Angela McCoy is a clerk at the Iredell County Clerkís Office. Freeman worked at the Iredell County courthouse during the time of the affair.
Freeman knew Angela McCoy was married, the suit said.
As a result of Freemanís actions, ěthe genuine love and affection which previously existed between the plaintiff and her husband was alienated and destroyed,î court documents said.
Alienation of affection is the claim that someone had a relationship with someone elseís spouse that led to a diminished affection in the marriage.
Court documents also say Brian McCoy was deprived of the company and affections of his wife.
Freeman and Angela McCoy continued their affair even after the McCoys separated, the suit said.
Brian McCoy through his attorney, Salisburyís Robert Inge, sought punitive damages in excess of $10,000 for the intentional acts of alienating the affections of Angela McCoy.
Punitive damages provide the plaintiff reparations because of the defendantís reckless conduct.
He also sought in excess of $10,000 in compensatory damages for alienation of affections.
Compensatory damages provide a plaintiff with the monetary amount necessary to replace what was lost.
Brian McCoy additionally sought in excess of $10,000 for criminal conversation with Angela McCoy as well as punitive damages for criminal conversation.
Criminal conversation lawsuits are filed against anyone who had an affair with a married person and the suit must prove sex occurred outside of the marriage.
Jurors awarded Brian McCoy more than he was seeking.
He was awarded $425,000 for alienation of affection, $850,000 for criminal conversation, $175,000 in punitive damages for alienation of affections of McCoyís wife and another $850,000 in punitive damages for criminal conversation with the plaintiffís wife.
The McCoys have two children.
Judge Joseph E. Turner presided over the case. Freeman has since filed for bankruptcy.
This case is possibly the largest sum awarded in a Rowan alienation of affection lawsuit, but is not however, the largest in the state.
In March, a Wake County judge awarded $30 million to a Raleigh woman.
Contact reporter Shavonne Potts at 704-797-4253.