Mistress Ordered to Pay $5.8 Million

WNCT.com ^ | 09/10/2010 | Shantel Middleton

[OldDeckHand]

GREENVILLE, NC- A record making judgment has been made in a Pitt County Court. The woman who broke up a North Carolina couple's marriage has to pay $5.8 million. This is the second largest judgment ever made under the alienation of affection law. Judges are laying down the law, and we're seeing more of these multi-million dollar judgments being made.

When they moved to Greenville, she was a radiologist and he retired from the army. They took vows to love, honor, and obey, but when she was several months pregnant and her husband's former high school classmate came to visit-- his vows went out the window.

“She came down and helped my client paint her nursery and in the process she helped herself to my client's husband,” Cynthia Mills of Mills & Bryant.

She represented Lynn Arcara in the alienation of affection case she took to trial against Susan Pecoraro, a woman she once called her friend.

[The Pack Knight]

Ah, North Carolina. If there’s a weird, outdated legal doctrine, we have it. Hell, we only abolished the Rule in Shelley’s Case and the Doctrine of Worthier Title about 30 years ago.

We’re also one of the last states to apply contributory negligence, though the legislature is considering going to comparative now. It’s a shame, since I actually kind of like contrib.

[The Pack Knight]

As the story later points out, the alleged home-wrecking hoochie-mama lives in MD, so she'll probably never pay a dime unless of course she's stupid enough to move to North Carolina.

Actually, I would be surprised if a Maryland court did not enforce it. The exceptions to the Full Faith and Credit Clause are narrow, and a Maryland court is generally bound to enforce a judgment rendered in an NC court.

It would have to be repugnant to Maryland's public policy to enforce the judgment for the Maryland court to properly refuse to enforce it. In all the case law I've ever seen, the mere fact that the enforcing state does not recognize the underlying tort is not in itself enough to make the judgment repugnant to that's state's public policy.

[Myndbender1]

I have since checked, and there are 7 states that still allow it. There have been some significant awards and settlements in South Dakota, but none as large as this.

[MontaniSemperLiberi]

Not most, some and you’re making excuses for them.

[Outlaw Woman]

No excuses are being made. It’s a lack of control from each gender and it’s disgusting. Some men are able to control themselves but all men have that nature.

[Outlaw Woman]

It's pretty lame to attack personally and there is no reason for it. It does show that you are particularly defensive about this subject.

[freedomfiter2]

You’re right about the divorce statistics. I recently read a survey that stated that 67% of men and 37% of women cheat at least once in their lives.

[Mamzelle]

I don't know about you, but this Eve is sick and tired of a cultured that glorifies predatory homewrecking whores, whether it is Ryelle Hunter, Cindy McCain or Julia Roberts.

There are two women in this equation, but it doesn't have to be that way all the time. A man who goes after married women would face the same tort, so there's no discrimination going on.

And wouldn't you jsut love to see Jennie Standford be able to drag the Puta de Argentina into court on such a charge, and make Mark Standford look all the more idiotic?

[Lizavetta]

And what was the man’s punishment? The old “Blame it on Eve” game is still alive and well I see.

No kidding. She's certainly culpable but the man who broke his vows busted up the marriage, not her.

HOw does the saying go.....you can't cheat an honest man.

[Randy Larsen]

His name is “pissant”

[Paved Paradise]

I am not saying I am in total disagreement with a wife being able to file a lawsuit, but somehow I can see how this could be used as a scam. A husband and wife could concoct a scheme where the hubby has an affair with a wealthy gal and then she sues the mistress. It’s entirely possible. No, in an affair situation, there are two adults who are both consenting. The blame is 50/50. Plain and simple. Next thing you’ll tell me Jonathan Edwards is some innocent guy.

[Paved Paradise]

No, I’m not defensive at all. I just cringe at these global-type statements with no basis in reality.

[Paved Paradise]

You must be messing with your friend... I’ve read a alot of his posts and he’s not the guy I’m referring to. I’ll know the screen name when I see it but can’t recall it.

[Paved Paradise]

You do realize that “Male Bashing 101” is a required course in most liberal colleges these days, right? Bad information is bad information, whether it’s taught in a course or just being said by one person. Yes, everything will be alright, but as a mother of a (thankfully grown) son, I guess I take it personal when anyone says that all men are animals and sexual weaklings. Even in a general term, it is false. I believe men are more easily tempted sexually and visually (basic difference b/t men and women) but considering men’s nature, I think they do a pretty darn good job of staying faithful.

[TheOldLady]

So, until she marries hubby #5, she has a 100% divorce rate. Hmmm... Lies, damn lies, and statistics.

[OldDeckHand]

"Actually, I would be surprised if a Maryland court did not enforce it."

Yes, that's right. When I first read the story, I thought it said that the affair actually happened in Maryland. After reading it again, I don't think it did, but I'm not entirely positive.

Initially, I thought that there's no way a MD Court is going to enforce a NC judgment based on a NC tort law for something that happened in Maryland. Right?

Would they enforce a judgment for a NC tort judgment based on actions on NC? Sure.

Of course, this underscores how archaic these alienation of affection claims really are. How a state can hold responsible a third party for the dissolution of a two-party contract, is truly mystifying.

[Mamzelle]

Well, I'm still really PO'ed at Mark Sanford for the way he humiliated his wife, his children, his state, his party, his conservative supporters.

And I know best how to deliver a harsh slap at the Ostentatiously Repentant Governor. It would be to haul out his slut into the bright light of day with the National Enquier treatment. He'd so hate that. He wants to wear a hair shirt, but he doesn't want his whore embarassed.

So, from the beginning of the Sandford scandal, I have been acutely disappointed that we don't get Riyelle Hunter treatment. We didn't even get a decent magazine cover.

Part of slapping down a cheating man is to make his paramour look cheap, low and stinky.

[cynwoody]

TTIWWP.

Susan Marie Pecoraro's Amazon.com profile

Interesting blog post on the case and whether the judgment is enforceable in Maryland. Here's one of the more interesting comments (boldface added):

Charles Jannace says:

Susan Pecoraro, who has since been divorced from her husband, used to be employed at my law office in Salisbury, Maryland. She no longer lives in Maryland and her last name is not Pecoraro. Upon information and belief, the judgment in NC was rendered by default. However, as I now understand her circumstances, albeit third hand, the enrolled judgment would be substantially uncollectable.

September 10, 2010, 8:44 pm

LinkedIn.com indicates she may have worked as a legal secretary in Buffalo.

[The Pack Knight]

Initially, I thought that there's no way a MD Court is going to enforce a NC judgment based on a NC tort law for something that happened in Maryland. Right?

It seems from the article that it happened while the defendant was visiting in NC. Even if it had happened in MD, though, the only real issue concerning the enforceability of the judgment in MD is whether the NC court had personal jurisdiction over the MD defendant. It seems like they did, and if she made a general appearance to defend the suit in NC, then any objection to personal jurisdiction is waived anyway.

One would probably have a good argument that, if the tort occurred in Maryland, that Maryland law should have applied. However, that argument would have to be made under NC's laws concerning conflict of laws and would have to be argued on appeal in NC, not in an MD court. Conflict of laws analysis is done under lex fori.

Also, I mentioned a "repugnance to public policy" exception to the Full Faith and Credit clause last night, but I was wrong (largely due to the fact that I was several beers deep at that point). There is a public policy exception to the enforcement of contracts under FF&C, and there is a public policy exception to enforcement of judgments rendered in other countries, but there is no public policy exception to the enforcement of judgments under the FF&C clause.

So, unless she can show lack of personal jurisdiction, fraud on the court, or one of the other very narrow exceptions to enforcement of judgments under FF&C, then the MD court has to enforce it, even if the NC court wrongly applied NC law.

[Paved Paradise]

I agree with you. I think both parties are equally accountable and should be addressed. Of course, in the Sanford and Rielle Hunter case, the men were the media draws for their political positions so a lot of people really could care less about some nobody in Argentina or a Rielle. Frankly, I don’t even think it should be news anyway. There really are more important things and you know it as well as I do.