Giovine v. Giovine

663 A.2d 109 (1995)

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Nature of the Case

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Facts

H and W were married and had three children. D separated from P. D filed a complaint seeking to establish visitation rights with the then two children of the marriage. In 1980, D filed a complaint for divorce. P counterclaimed alleging habitual drunkenness and extreme cruelty as alternative grounds for divorce. D also claimed three counts for damages for assault and battery and infliction of emotional distress based upon the same acts of assault and battery; and 'a continuous and unbroken wrong commencing on or about March 1972 and continuing down until December 28, 1978.' In July 1982, the parties reconciled and resumed living together. The proceedings were dismissed by a stipulation. On July 1, 1994, P filed an eleven-count complaint for divorce, domestic torts, equitable claims, and a jury trial demand. She alleged habitual drunkenness and extreme cruelty. P asserted claims for compensatory and punitive damages based upon an assault and battery which allegedly occurred in March 1972 (count three); intentional infliction of emotional injury/distress commencing in March 1972 (count four); 'continuous wrong' between March 1972 and May 1993, resulting in 'severe emotional and physical damage' (count five); and negligence (count six). D filed a motion to strike certain causes of action. contained within plaintiff's complaint and to strike plaintiff's demand for a jury trial on counts three through eleven. D's motion striking all tortious claims occurring prior to June 30, 1992, based upon the applicable statute of limitations were granted. The motion judge also determined that P did not have a constitutional right to a jury trial. This appeal resulted.