Jan Poole, the former wife of Gaines Oil Co. president Todd Gaines, filed an alienation of affection lawsuit against Susan Cribbs — now known as Susan Mercer Gaines — alleging Cribbs wrecked her decade-long marriage.
According to the Raleigh News & Observer, Poole says the affair came into focus during a September 2023 beach vacation, when Todd Gaines sent a text meant for Cribbs that read, “Susan, are you alone? ❤️❤️” Poole, who received the message instead, replied, “This is your wife, why are you sending her hearts?” The newspaper reports Todd Gaines later told Cribbs he loved her and eventually admitted he had been in love with her for several months.
Poole and Todd Gaines married in 2013 and were together for ten years, during which Poole helped raise his three children from a previous relationship and helped run Gaines Oil Co., the family's Chatham County fuel delivery business, per the same account. Cribbs joined the company as chief financial officer in 2017, and Gaines Oil Co. remains family-owned and operated under third-generation owner Todd Gaines, distributing fuel and lubricants.
A Company on the Rise Amid Personal Turmoil
While the alleged affair was unfolding behind the scenes, Gaines Oil Co. was being recognized publicly for its growth. The company was ranked No. 3 on the Triangle Business Journal's 2022 Fast 50 list of the fastest-growing privately held companies in the Raleigh-Durham region, according to Fuels Market News.
Chatham County records also show the company's operational growth was backed by public investment: the Chatham County Board of Commissioners approved a Building Reuse Grant from the NC Department of Commerce in January 2023 supporting a $400,000 expansion of Gaines Oil Company's facility on Pittsboro Goldston Road, according to Chatham County government records. Project documentation at the time noted plans to add office space and create 14 new full-time jobs.
Timeline of a Marriage's Collapse
Todd Gaines moved out of the marital home in June 2024 and filed for divorce in July 2025.
Cribbs divorced her own husband in October 2025, and by December 6, 2025, she had married Todd Gaines in Lee County, the newspaper reports. Her daughter had worked at Gaines Oil Co. from October 2018 until 2025, per the same account.
Default Judgment
A default judgment against Cribbs was entered on November 19, 2025.
North Carolina's Unusual Legal Terrain
North Carolina is one of only a few states that still recognizes alienation of affection claims, allowing a current or former spouse to sue a third party accused of destroying a marriage. To prevail, a plaintiff must show a genuine marital relationship existed, that the marital affection was destroyed, and that the third party's wrongful and malicious conduct was the controlling cause, according to Montgomery Family Law. Plaintiffs are not required to prove physical adultery to win such a case.
Under North Carolina General Statutes § 52-13, enacted in 2009, these claims must be filed within three years and can only be brought against individuals — not corporations — which explains why Poole's lawsuit targets Cribbs personally rather than Gaines Oil Co., according to the McIlveen Family Law Firm. The statute also bars claims based on conduct that occurs after spouses physically separate with permanent intent.
Jury verdicts in these cases can be enormous. A Davidson County jury ordered former NASCAR driver Jennifer Jo Cobb to pay $850,000 in total damages in September 2026 — $800,000 for criminal conversation and $50,000 for alienation of affection — over an affair with a married man, per WFLA.
The largest judgment in state history came in 2011, when a Wake County Superior Court judge awarded $30 million — $10 million in compensatory damages and $20 million in punitive damages — against an ex-husband's mistress, though such massive awards are rarely collected in full. A 2018 Pitt County jury separately awarded $8.8 million in total damages to a North Carolina husband in a similar case.
Legislative Push Could Reshape Future Cases
Poole's lawsuit arrives as North Carolina lawmakers debate eliminating the legal doctrine entirely. Senate Bill 626 and its companion, Senate Bill 836, introduced in 2026, propose abolishing alienation of affection claims altogether while also shortening the state's required divorce separation period from one year to six months, Hoodline previously reported. Should the legislation pass before Poole's trial concludes, it would not retroactively apply to her already-filed case, though it could reshape the legal landscape for future claims in Chatham County and beyond.
