NC TikTok influencer must pay $1.75M after losing case. That may not be all.
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- Judge orders NC TikTok influencer Brenay Kennard to pay $1.75M in compensatory damages
- Plaintiff Akira Montague won $1.75M; jury denied punitive award pending separate trial
- Court schedules new trial to assess punitive damages under North Carolina caps
A Durham County Superior Court judge ordered North Carolina TikTok influencer Brenay Kennard to pay $1.75 million after a jury ruled Kennard was liable for alienation of affection and criminal conversation, but the plaintiff, Akira Montague, had asked for $3.5 million.
So what about the other $1.75 million?
Kennard, who has almost 3 million followers on TikTok, was accused by Akira Montague of having an affair with Montague’s husband, Timothy Montague, flaunting the affair on social media and having sex with Timothy before he and Akira separated.
Akira Montague sought $1.5 million in compensatory damages for alienation of affection and $250,000 in compensatory damages for criminal conversation, according to records of the June 2024 complaint. The jury awarded Montague that $1.75 million Monday.
But Montague also sought punitive damages — another $1.5 million for alienation of affection and $250,000 for criminal conversation. A trial to determine appropriate punitive damages will be scheduled for next year, Montague’s attorney, Robonetta Jones, told The News & Observer in an email Tuesday.
What’s the difference between compensatory and punitive damages?
Compensatory damages are damages “awarded to make a plaintiff or a claimant whole for a loss” or harm they suffered, UNC School of Government professor Joseph Laizure said. During the trial, Akira Montague provided several pieces of evidence to demonstrate the harm she suffered, including:
- Therapy notes with diagnoses of depression and anxiety disorder connected to the relationship between Kennard and Timothy Montague.
- Akira testifying that she has little time to spend with her children because she had to work so much and Timothy provided no financial support after their separation.
- Akira testifying that she could not finish school because she was so uncomfortable with the situation.
Punitive damages are meant to punish “egregiously wrongful acts,” to deter the defendant and others from committing those acts again, Laizure said. Like compensatory damages, a defendant must pay punitive damages to the plaintiff.
In North Carolina, they can only be awarded if the defendant is liable for compensatory damages and at least one of the below “aggravating factors” was present:
- Fraud.
- Malice (that is, ill will the defendant holds toward the plaintiff that compels them to commit the wrongful act, Laizure said).
- Willful or wanton conduct.
North Carolina has a cap on punitive damages — no more than three times the amount of compensatory damages. For example, punitive damages could not exceed $3 million in a case if the compensatory damages totaled $1 million.
Compensatory and punitive damages are not always determined separately, Laizure said. But having separate trials may make the presentation of evidence more efficient.
The defendant was already found liable for compensatory damages, so the evidence only needs to focus on proving the existence of the aggravating factors, Laizure said. That evidence that can be detailed and difficult to procure since it speaks to the mental state of the defendant.
This story was originally published November 13, 2025 at 2:16 PM.
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