Feltmeier v. Feltmeier

777 N.E.2d 1032 (2002)

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Nature of the Case

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Facts

W wants to recover damages from her former husband for the way he treated her during the course of their 11-year failed marriage. W alleges a pattern of physical and mental abuse, along with the allegation that it inflicted severe and lasting emotional distress. W was awarded a divorce from H on December 16, 1997. She prevailed on grounds of mental cruelty. The judgment incorporated the terms of a December 10, 1997, marital settlement agreement, which contained a provision that called for the mutual release of all future claims that either party might have against the other. On August 25, 1999, W sued H for the intentional infliction of emotional distress. W claims that H engaged in a pattern of domestic abuse-both physical and mental in nature-that began shortly after the exchange of the marital vows, continued throughout the marriage, and did not cease even after the marriage ended. W alleges that she was physically beaten at least 11 times. She claimed that many of the beatings were administered while her children were at hand to witness them. W claims she was physically restrained against her will on more than one occasion. She also alleges verbal attacks and flying objects hurled in her direction. The complaint specifically alleged more than 45 episodes of abusive behavior. H moved to dismiss in that the alleged conduct was neither extreme nor outrageous in nature. He also argued that even if the conduct alleged was actionable, the claim was still not viable because the statute of limitations had run on most of the alleged misconduct. The judge denied that motion. H motioned again raising estoppel from the marital settlement agreement as a release from the various claims presented by W's lawsuit. The trial judge denied that motion. The court then certified the following issues for review: 1. Whether W's complaint states a cause of action for the intentional infliction of emotional distress. Whether W's claims for the intentional infliction of emotional distress based on conduct prior to August 25, 1997, are barred by the applicable statute of limitations. Whether W's claim against H for the intentional infliction of emotional distress has been released by the language of the marital settlement agreement.