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Feltmeier v. Feltmeier9/18/2003
e plaintiffs' complaint satisfied the third element necessary to support an emotional distress claim where " he facts alleged in support of the outrageous character of the defendants' conduct are sufficient to support the additional allegation that the plaintiffs suffered severe emotional distress as a result of that conduct." Kolegas, 154 Ill. 2d at 25, citing Restatement (Second) of Torts ยง46, Comment j, at 77-78 (1965) (severe emotional distress must be proved; but in many cases the extreme and outrageous character of the defendant's conduct is in itself important evidence that the distress has existed). Here, we find that Lynn has sufficiently alleged that as a result of enduring Robert's physical and psychological abuse for the duration of their 11-year marriage and beyond, she suffered severe emotional distress. Therefore, where the complaint sets forth sufficient facts which, if proven, could entitle Lynn to relief, we conclude that she has stated a cause of action for intentional infliction of emotional distress. We, of course, express no opinion on the substantive merits of Lynn's complaint. We simply hold that, taking the allegations of the complaint as true, as we are required to do for purposes of our review, the complaint is sufficient to survive a motion to dismiss.
The second certified question we examine is whether Lynn's claim for intentional infliction of emotional distress based on conduct prior to August 25, 1997, is barred by the applicable statute of limitations. Robert contends that each separate act of abuse triggered a new statute of limitations so that "all claims by Lynn based upon incidents occurring prior to August 25, 1997," or more than two years before the date on which Lynn filed her complaint, would be time-barred. Lynn responds that Robert's actions constitute a "continuing tort" for purposes of the statute of limitations and that her complaint, filed within two years of the occurrence of the last such tortious act, is therefore timely. The appellate court majority agreed with Lynn. 333 Ill. App. 3d at 1181.
When a defendant makes a motion to dismiss the plaintiff's complaint based on the statute of limitations under section 2-619, all well-pleaded facts and reasonable inferences are accepted as true for the purpose of the motion. Hermitage Corp. v. Contractors Adjustment Co., 166 Ill. 2d 72, 84-85 (1995). A section 2-619 motion should be granted only if the plaintiff can prove no set of facts that would support a cause of action. Chicago Teachers Union, Local 1 v. Board of Education of the City of Chicago, 189 Ill. 2d 200, 206 (2000). Here, Robert contends that almost all of the alleged conduct contained in Lynn's complaint took place outside the two-year statute of limitations for personal injury . We agree that the applicable statute of limitations for intentional infliction of emotional distress is two years, because the tort is a form of personal injury . 735 ILCS 5/13-202 (West 1998). The ultimate question, however, is when the statute of limitations began to run in the instant case.
Generally, a limitations period begins to run when facts exist that authorize one party to maintain an action against another. Sundance Homes, Inc. v. County of Du Page, 195 Ill. 2d 257, 266 (2001), quoting Davis v. Munie, 235 Ill. 620, 622 (1908). However, under the "continuing tort" or "continuing violation" rule, "where a tort involves a continuing or repeated injury, the limitations period does not begin to run until the date of the last injury or the date the tortious acts cease." Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 199 Ill. 2d 325, 345 (2002); see also Pavlik v. Kornhaber, 326 Ill. App. 3d 731, 745 (2001); Bank of Ravenswood v. City of Ch
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