McKinney v. Richitelli
North Carolina Supreme Court
357 N.C. 483, 586 S.E.2d 258 (2003)
- Written by Paul Neel, JD
Facts
Karen McKinney (plaintiff) and James Richitelli (defendant) were married and had a son, Michael McKinney. Karen and James divorced when Michael was four years old. Karen was awarded custody. James was awarded visitation and had to pay child support. James did not pay child support or communicate with Michael until Michael turned 20 years old, after which James resumed contact with Michael and sent him checks totaling $3,150. James said that he was either unemployed or incarcerated during most of Michael’s childhood. Michael was diagnosed with cancer at 19. A year later, Michael sued his radiologist for malpractice. Shortly after, Michael died intestate. Karen amended the complaint to add a wrongful-death claim and sought declaratory judgment that James had no interest in any proceeds of the lawsuit. The trial court ruled for Karen. James appealed. The intermediate appellate court reversed, and Karen appealed.
Rule of Law
Issue
Holding and Reasoning (Edmunds, J.)
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