Hakkila v. Hakkila
Court of Appeals of New Mexico
812 P.2d 1320 (N.M. App. 1991)
E. Arnold Hakkila (plaintiff) filed a petition for divorce from Peggy Hakkila (defendant). In response, Peggy counter-petitioned for damages arising from alleged intentional infliction of emotional distress (IIED). Arnold and Peggy had separated after 10 years of marriage. Peggy claimed that, during that time, Arnold had: (1) assaulted her and screamed at her on more than one occasion, (2) locked her out of the house on one occasion, (3) remarked that she preferred women to men, and (4) frequently made other derogatory comments toward her. At a hearing, there was conflicting testimony regarding Peggy’s past mental health. One psychologist testified that Peggy had borderline personality disorder that predated the Hakkilas’ marriage. Another psychologist testified that the possible mental disorder arose during the marriage. At the conclusion of the hearing, the trial court found that Peggy’s emotional and mental health, particularly since the Hakkilas’ separation, consisted of acute depression and one psychotic episode. Arnold argued that, as a matter of public policy, one spouse could not bring a cause of action in tort against the other spouse. The trial court disagreed and held in Peggy’s favor. Arnold appealed.
Rule of Law
Holding and Reasoning (Hartz, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.