A Davidson County Superior Court jury in Lexington, North Carolina, ordered NASCAR driver Jennifer Jo Cobb on Sept. 24 to pay Tracey Hughes $850,002. The civil lawsuit alleged an extramarital affair with Hughes’s former husband. The verdict resolved claims brought under North Carolina’s common-law heart balm torts, which allow a spouse to sue a third party for interfering with a marriage.
Jurors awarded Hughes $800,000 for criminal conversation, $50,000 for alienation of affections, and $2 in total punitive damages after finding the 53-year-old racer liable on all counts. Hughes initiated the lawsuit on Jan. 5, 2024. She alleged that Cobb engaged in an affair with her then-husband, Clayton Hughes, prior to the couple’s separation in January 2021.
Details of the North Carolina Civil Lawsuit
The legal complaint detailed various communications and meetings between Cobb and Clayton Hughes. Clayton worked as a longtime NASCAR spotter for several drivers, including Cobb. According to court documents, the affair involved text messages, emails, phone calls, and personal meetings across multiple states while traveling for racing competitions.
Tracey Hughes argued in her filing that the relationship destroyed her marriage. She claimed it resulted in the loss of marital support and severe emotional distress. Cobb consistently denied the allegations throughout the legal proceedings. Her defense team also attempted to have the case dismissed by challenging the constitutionality of North Carolina’s heart balm statutes. However, Superior Court Judge Eric Morgan denied those requests in December 2024.
North Carolina’s Heart Balm Torts
North Carolina remains one of a small handful of states that continue to recognize heart balm civil claims. These consist of two distinct legal actions:
- Criminal Conversation: A civil tort that requires proof that the defendant had s*xual relations with the plaintiff’s spouse while the marriage was still legally intact. Despite its name, it is not a criminal offense and carries no jail time.
- Alienation of Affections: A claim requiring the plaintiff to prove that genuine love and affection existed within the marriage, that those feelings were destroyed, and that the defendant’s wrongful conduct directly caused that loss.
State law imposes strict limitations on these actions under G.S. 52-13. The statute mandates that lawsuits must be filed within three years of the defendant’s last alleged act. , conduct occurring after a permanent separation cannot be considered. Hughes filed her complaint just days before the statutory deadline.
Punitive Damages and Next Steps in the Legal Battle
During the three-day trial, the jury found that Cobb met the high legal threshold required for punitive damages. This threshold requires clear and convincing proof of fraud, malice, or willful and wanton conduct. Rather than maximizing the penalty, jurors awarded exactly $1 in punitive damages for each of the two claims, bringing the final verdict total to $850,002.
Following the verdict, Cobb indicated that the legal fight is far from over. She told reporters and posted on social media that the judgment has not yet been formally entered and that she believes the jury’s decision was incorrect. Legal experts note that Cobb retains the right to file post-trial motions and pursue an appeal once a final judgment is entered by the court.
