Feltmeier v Feltmeier - emotional distress b procedural...

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CASE: Feltmeier v. Feltmeier Court: Supreme Court of Illinois 798 N.E.2d 75 (Ill. 2003) P84 (torts) RARICK Facts a. Plaintiff/Wife Defendant/Husband b. Parties were married Oct. 1986 and were divorced in Dec. 1997. Aug 25 th , 1999, Lynn sued Robert claiming that Robert abused her physically and mentally throughout the marriage as well as for confinement, isolation, and stalking. c. (1) C/A: domestic abuse both physical and mental (intentional infliction of emotional distress) (2) relief requested: (3) defenses raised: statute of limitations (two year rule) Procedural History: a. Lower court’s ruling(s): On appeal, the appellate court (Illinois) held the wife could maintain an action at law. The husband's motion for leave to appeal was granted. b. Damages awarded: c. Appellant: Husband, actions were not extreme and outrageous in marital context, Issues: a. substantive issue: Is Lynn’s complaint a cause of action for intentional infliction of emotional distress? Is her complaint barred by the statute of limitations? Was the claim for intentional infliction of
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Unformatted text preview: emotional distress? b. procedural issue: The husband maintained that the wife failed to allege facts giving rise to an action for IIED and that, even if the conduct alleged was actionable, the claim was not viable because the statute of limitations had run on most the alleged misconduct. Disposition (judgment): Affirmed Holding: They held that taking the allegations as true the complaint was sufficient to survive a motion to dismiss. The continuing tort rule was applied which ousted the statute of limitations. Rule of Law or Legal Principle Applied: Continuing tort rule: the termination date is used as the last date of the marriage. Other jurisdictions have found wherein the conduct went far beyond the trials of everyday life to be sufficiently outrageous. Reasoning: The allegations in the complaint, viewed in their entirety, showed a type of domestic violence that was extreme enough to be actionable....
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Feltmeier v Feltmeier - emotional distress b procedural...

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