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Feltmeier v. Feltmeier9/18/2003
ion.] It would be logically inconsistent to say that each act must be independently actionable while at the same time asserting that often it is the cumulative nature of the acts that give rise to the intentional infliction of emotional distress. Likewise, we cannot say that cumulative continuous acts may be required to constitute the tort but that prescription runs from the date of the first act. [Citations.] Because it is impossible to pinpoint the specific moment when enough conduct has occurred to become actionable, the termination of the conduct provides the most sensible place to begin the running of the prescriptive period." Pavlik, 336 Ill. App. 3d at 745-46.
This same analysis is to be found in decisions from some of the other jurisdictions that have recognized the continuing tort rule in intentional infliction of emotional distress cases. See Jackson v. Creditwatch, Inc., 84 S.W.3d 397, 404 (Tex. Civ. App. 2002) (since usually no single incident in continuous chain of tortious activity can fairly or realistically be identified as the cause of significant harm, it seems proper to regard cumulative effect of conduct as actionable); Toles, 45 S.W.3d at 262 (because intentional infliction of emotional distress is considered continuing tort, spouse's conduct throughout parties' marriage may be considered in action by other spouse); see also McCorkle v. McCorkle, 811 So. 2d 258 (Miss. App. 2001); Mears v. Gulfstream Aerospace Corp., 225 Ga. App. 636, 484 S.E.2d 659 (1997). Most notably, in Curtis v. Firth, 123 Idaho 598, 850 P.2d 749 (1993), the Idaho Supreme Court, in a case involving allegations of long-term domestic abuse similar to those at bar, stated:
" he definition of intentional infliction of emotional distress requires that there must be a causal connection between the wrongful conduct and the emotional distress, and the emotional distress must be severe. [Citation.] By its very nature this tort will often involve a series of acts over a period of time, rather than one single act causing severe emotional distress. For that reason we recognize the concept of continuing tort * should be extended to apply in other limited contexts, including particularly intentional infliction of emotional distress." Curtis, 123 Idaho at 604, 850 P.2d at 755.
We believe the appellate court herein properly applied this reasoning to the facts of this case where:
"The alleged domestic violence and abuse endured by Lynn * spanned the entire 11-year marriage. No one disputes that the allegations set forth the existence of ongoing abusive behavior. Lynn's psychologist, Dr. Michael E. Althoff, found that Lynn suffered from the `battered wife syndrome.' He described the psychological process as one that unfolds over time. The process by which a spouse exerts coercive control is based upon `a systematic, repetitive infliction of psychological trauma' designed to `instill terror and helplessness.' Dr. Althoff indicated that the posttraumatic stress disorder from which Lynn suffered was the result of the entire series of abusive acts, not just the result of one specific incident." 333 Ill. App. 3d at 1181.
The purpose behind a statute of limitations is to prevent stale claims, not to preclude claims before they are ripe for adjudication (Guzman v. C.R. Epperson Construction, Inc., 196 Ill. 2d 391, 400 (2001)), and certainly not to shield a wrongdoer (Tom Olesker's Exciting World of Fashion, Inc. v. Dun & Bradstreet, Inc., 61 Ill. 2d 129, 137 (1975)). As the Superior Court of New Jersey stated, in finding that a wife diagnosed with battered woman's syndrome could sue her spouse in tort for physical and emotional injuries sustained by continuous acts of battering during
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