Woman may sue former husband under Illinois tort law for abuse during marriage

Law Reporter, Mar 2004

FAMILY LAW

Feltmeier v. Feltmeier, 798 N.E.2d 75 (Ill. 2003).

The Illinois Supreme Court held that a woman may sue her former husband for intentional infliction of emotional distress for the systematic abuse she suffered during their marriage.

Here, the woman alleged that she had been physically and emotionally abused throughout the 11 years the parties were married, and that the abuse continued even after the marriage was terminated. She filed suit for intentional infliction of emotional distress.

Defendant moved to dismiss the lawsuit, claiming that the statute of limitations barred the action. The trial court denied defendant's motion but found that sufficient questions of law existed to warrant an immediate appeal. The appellate court ruled that plaintiff could maintain her cause of action, and defendant appealed to the state high court.

Affirming, the state high court held that plaintiff's allegations are enough to maintain a cause of action for intentional infliction of emotional distress. Dismissing defendant's argument that actions by one spouse against another for emotional distress require a heightened look at the marital context to prove extreme and outrageous conduct, the court said that nothing in state law or public policy restricts such actions or requires a higher threshold.

In considering whether domestic abuse is outrageous enough to support an emotional distress claim, the court noted that other jurisdictions have found that recurring patterns of abuse that went beyond the normal conflicts that occur between married people were sufficiently outrageous. In the instant case, the court found that plaintiff alleged a decade of physical and emotional abuse. The court also determined that plaintiff's allegations were enough to demonstrate that defendant either intended to inflict emotional distress on plaintiff or knew that his actions would have that effect.

Although the court held that the statute of limitations for emotional distress claims is two years, it determined that the "continuing tort" rule should be applied to cases of intentional infliction of emotional distress. Under this rule, the acts are viewed as a continuous or repeated injury, and the limitations period does not begin to run until the last injury is committed. The court found that most emotional distress cases involve a series of acts over a period of time, especially in domestic abuse cases where a spouse gains control through repeated and systematic abuse. The court further noted that time limits were not designed to "shield wrongdoers."

Wife's Counsel

*Morris L. Harvey, Mount Vernon, Ill.