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Feltmeier v. Feltmeier9/18/2003
ue National Bank v. County of Cook, 191 Ill. 2d 493, 503 (2000). While the immunity question was not certified for review, we agree with the appellate court that the question is properly addressed, because it "relates to the appropriateness of the orders that gave rise to this appeal." 333 Ill. App. 3d at 1184; see Bright v. Dicke, 166 Ill. 2d 204, 208 (1995).
The first matter before us for review is whether Lynn's complaint states a cause of action for intentional infliction of emotional distress. In ruling on a section 2-615 motion to dismiss, the court must accept as true all well-pleaded facts in the complaint and all reasonable inferences which can be drawn therefrom. Kolegas v. Heftel Broadcasting Corp., 154 Ill. 2d 1, 8-9 (1992). The question presented by a motion to dismiss a complaint for failure to state a cause of action is whether sufficient facts are contained in the pleadings which, if established, could entitle the plaintiff to relief. Kolegas, 154 Ill. 2d at 9; see also McGrath v. Fahey, 126 Ill. 2d 78, 90 (1988). In making this determination, the court is to interpret the allegations of the complaint in the light most favorable to the plaintiff. Kolegas, 126 Ill. 2d at 9; McGrath, 126 Ill. 2d at 90.
According to the allegations contained in Lynn's complaint, since the parties' marriage in October 1986, and continuing for over a year after the December 1997 dissolution of their marriage:
"[Robert] entered into a continuous and outrageous course of conduct toward [Lynn] with either the intent to cause emotional distress to [Lynn] or with reckless disregard as to whether such conduct would cause emotional distress to [Lynn], said continuing course of conduct, including but not limited to, the following:
A. On repeated occasions, [Robert] has battered [Lynn] by striking, kicking, shoving, pulling hair and bending and twisting her limbs and toes.
B. On repeated occasions, [Robert] has prevented [Lynn] from leaving the house to escape the abuse.
C. On repeated occasions, [Robert] has yelled insulting and demeaning epithets at [Lynn]. Further, [Robert] has engaged in verbal abuse which included threats and constant criticism of [Lynn] in such a way as to demean, humiliate, and degrade [Lynn].
D. On repeated occasions, [Robert] threw items at [Lynn] with the intent to cause her harm.
E. On repeated occasions, [Robert] attempted to isolate [Lynn] from her family and friends and would get very upset if [Lynn] would show the marks and bruises resulting from [Robert's] abuse to others.
F. On repeated occasions since the divorce , [Robert] has engaged in stalking behavior.
G. On at least one occasion, [Robert] has attempted to interfere with [Lynn's] employment by confiscating her computer. Additionally, [Robert] broke into [Lynn's] locked drug cabinet for work on or about March 23, 1997."
The complaint further alleged, as examples of conduct within the categories set forth above, dozens of episodes of abusive behavior, including specific details and time frames for the various physical and emotional attacks.
In McGrath v. Fahey, 126 Ill. 2d 78 (1988), this court set forth the three elements necessary to state a cause of action for intentional infliction of emotional distress, stating:
"First, the conduct involved must be truly extreme and outrageous. Second, the actor must either intend that his conduct inflict severe emotional distress, or know that there is at least a high probability that his conduct will cause severe emotional distress. Third, the conduct must in fact cause severe emotional distress. (Public Finance Corp. v. Davis
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