Richardson v. Richardson
South Dakota Supreme Court
906 N.W.2d 369 (2017)
- Written by Kelli Lanski, JD
Facts
Sally Richardson (plaintiff) sued her ex-husband Michael Richardson (defendant) in civil court for intentional infliction of emotional distress. Sally had divorced Michael on the grounds of irreconcilable differences. In her civil suit, she claimed that during their marriage, Michael forced her to work as a prostitute and abused her emotionally, physically, and sexually. The trial court dismissed her suit for failing to state a claim based on a South Dakota Supreme Court case holding that the tort of intentional infliction of emotional distress was not available when predicated on conduct that led to the dissolution of a marriage. The court had based its ruling on public-policy grounds, suggesting that permitting civil suits after divorce would be unduly traumatizing for any children of the marriage and would not promote familial harmony. Sally appealed, and the court reviewed its precedent.
Rule of Law
Issue
Holding and Reasoning (Kern, J.)
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