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Feltmeier v. Feltmeier9/18/2003
ing whether a defendant's conduct is extreme and outrageous. We find the McGrath court's comments regarding one such factor to be particularly relevant when examining, as alleged herein, outrageous conduct in the light of a marital relationship:
"It is thus clear * that the degree of power or authority which a defendant has over a plaintiff can impact upon whether that defendant's conduct is outrageous. The more control which a defendant has over the plaintiff, the more likely that defendant's conduct will be deemed outrageous, particularly when the alleged conduct involves either a veiled or explicit threat to exercise such authority or power to plaintiff's detriment. Threats, for example, are much more likely to be a part of outrageous conduct when made by someone with the ability to carry them out than when made by someone in a comparatively weak position." McGrath, 126 Ill. 2d at 86-87.
Indeed, Illinois cases in which the tort of intentional infliction of emotional distress has been sufficiently alleged have very frequently involved a defendant who stood in a position of power or authority relative to the plaintiff. See, e.g., McGrath, 126 Ill. 2d at 86-89 (and cases cited therein). While these past cases have generally involved abuses of power by employers, creditors, or financial institutions, we see no reason to exclude the defendant at issue here, a spouse/former spouse, from the many types of individuals who may be positioned to exercise power over a plaintiff. See Kolegas, 154 Ill. 2d at 22-23; see also D. Poplar, Tolling the Statute of Limitations for Battered Women After Giovine v. Giovine: Creating Equitable Exceptions for Victims of Domestic Abuse, 101 Dick. L. Rev. 161, 170, 175 (1996) (many battered women remain in an abusive relationship because they are economically dependent upon their spouses, they fear for the well-being of their children, or fear that leaving will only encourage their spouses to commit more severe violence; indeed, constant physical and mental abuse causes a battered woman to develop a belief in the strength and omnipotence of her abuser).
Therefore, we conclude that neither the policy considerations commonly raised nor the law of this state support a conclusion that an action for intentional infliction of emotional distress based upon conduct occurring in the marital setting should be barred or subject to any heightened threshold for establishing outrageousness. With this background in mind, we now examine the allegations set forth in Lynn's complaint to determine whether Robert's conduct satisfies the "outrageousness" requirement.
As earlier stated, to qualify as outrageous, the nature of the defendant's conduct must be so extreme as to go beyond all possible bounds of decency and be regarded as intolerable in a civilized community. Kolegas, 154 Ill. 2d at 21, citing Restatement (Second) of Torts ยง46, Comment d, at 73 (1965). Here, Robert contends that "Lynn's allegations are not sufficiently repeated and pervasive so as to justify a claim for intentional infliction of emotional distress." However, the McGrath court concluded that " he outrageousness of a defendant's conduct must be determined in view of all the facts and circumstances pleaded and proved in a particular case." McGrath, 126 Ill. 2d at 90. A pattern, course, and accumulation of acts can make an individual's conduct "sufficiently extreme to be actionable, whereas one instance of such behavior might not be." Pavlik v. Kornhaber, 326 Ill. App. 3d 731, 746 (2001).
The issue of whether domestic abuse can be sufficiently outrageous to sustain a cause of action for intentional infliction of emotional distress is apparently one of first impression in Illinois
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