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Feltmeier v. Feltmeier9/18/2003
. Other jurisdictions, however, have found similar allegations of recurring cycles of physical and verbal abuse, wherein the conduct went far beyond the "trials of everyday life between two cohabiting people," to be sufficiently outrageous to fall within the parameters of section 46 of the Restatement (Second) of Torts. Curtis v. Firth, 123 Idaho 598, 606, 850 P.2d 749, 757 (1993), see also Toles v. Toles, 45 S.W.3d 252, 262 (Tex. Civ. App. 2001) (when abusive conduct such as being assaulted, intimidated, and threatened becomes a regular pattern of behavior, it should not be accepted in a civilized society).
In the instant case, we must agree with the appellate court that, when the above-summarized allegations of the complaint are viewed in their entirety, they show a type of domestic abuse that is extreme enough to be actionable:
"It combines more than a decade of verbal insults and humiliations with episodes where freedom of movement was deprived and where physical injury was often inflicted. The alleged pattern of abuse, combined with its duration, worked a humiliation and loss of self-esteem. Regardless of the form in which it arrived, violence was certain to erupt, and when seasons of spousal abuse turn to years that span the course of a decade, we are unwilling to dismiss it on grounds that it is unworthy of outrage." 333 Ill. App. 3d at 1176.
Therefore, where we find that a reasonable trier of fact could easily conclude that Robert's conduct was so outrageous as to be regarded as intolerable in a civilized community, we reject his contention that the complaint fails to sufficiently allege this element.
It is equally clear, and Robert does not argue to the contrary, that Lynn's complaint adequately pleads the second element necessary to state a cause of action for intentional infliction of emotional distress, i.e., that Robert either intended to inflict, or knew that his conduct was likely to inflict, severe emotional distress upon Lynn. However, Robert does contest the adequacy of the complaint as to the third necessary element, that his conduct in fact caused severe emotional distress. He argues that Lynn's complaint "contains no factual allegations from which the level of severity of the emotional distress could be inferred." We must disagree.
Lynn's complaint specifically alleges that, " s a direct and proximate result of the entirety of [Robert's] course of conduct, has sustained severe emotional distress including, but not limited to[,] loss of self-esteem and difficulty in forming other relationships, and a form of Post Traumatic Stress Disorder sustained by battered and abused women as a result of being repeatedly physically and verbally abused and harassed over a long period of time." The complaint also alleges that Lynn has suffered depression and a "fear of being with other men," and that her enjoyment of life has been substantially curtailed. Finally, it is alleged that Lynn has incurred, and will continue to incur, medical and psychological expenses in an effort to become cured or relieved from the effects of her mental distress.
Emotional distress includes all highly unpleasant mental reactions, such as fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea. See Restatement (Second) of Torts §46, Comment j, at 77 (1965). " `The law intervenes only where the distress inflicted is so severe that no reasonable man could be expected to endure it. The intensity and duration of the distress are factors to be considered in determining its severity.' Restatement (Second) of Torts §46, comment j, at 77-78 (1965)." McGrath, 126 Ill. 2d at 86. In Kolegas, this court found that th
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