North Carolina

The plaintiff and defendant were married in 1998 but entered into a separation agreement in 2007. They were living together, and were discussing work that needed to be done around the house when the defendant-husband requested that the plaintiff-wife look down at the door sweep. The wife bent down to look and subsequently could not recall anything that took place until she woke up around 3:00 am and found herself in bed with a “terrible headache” and extreme nausea.

The plaintiff and defendant were engaged and had one child. The trial court entered a protective order due to plaintiff’s allegation that defendant hit her during a visitation exchange. The plaintiff had a visitation exchange of infant son with defendant at plaintiff’s parents’ house. The plaintiff’s father carried their infant son towards his house. The defendant allegedly punched and kicked the plaintiff’s father.

The plaintiff sued John Haynes for intentional and negligent infliction of emotional distress and Copland, Inc. for the ratification of Haynes’ conduct, negligent retention and supervision of Haynes, and imputed liability.

A court issued a warrant for the arrest of the defendant after he assaulted and injured Dorian Jones. The magistrate judge did not authorize his release after he was arrested; he was held for a hearing before the District Court Judge. The Judge set a secured bond of $10,000; a few days later, the State and defense counsel agreed to a lowered bond on the condition that the defendant would have no contact with the victim. The District Court Judge signed the order, and he was released after posting bond. About a week later, when his case was called, he moved to dismiss.&nbs