Richardson v. Richardson

Summary

The South Dakota Supreme Court considered whether a former spouse could pursue a claim for intentional infliction of emotional distress based on abusive conduct occurring during the marriage and contributing to the divorce. The court overruled Pickering v. Pickering, holding that public policy does not bar such a claim, and reversed and remanded the dismissal for failure to state a claim. The court did not reach the alternative summary-judgment issue.

Holdings

1. Pickering is overruled. South Dakota public policy does not categorically bar an IIED action between spouses or former spouses merely because the alleged conduct occurred during the marriage and contributed to the marriage's dissolution.
2. Sally's complaint stated an IIED claim sufficient to survive a motion to dismiss because it alleged extreme and outrageous conduct, intent or recklessness to cause severe emotional distress, causation, and severe emotional distress.
3. The court declined to reach the alternative summary-judgment issue.

Questions Presented

1. Whether Pickering v. Pickering should be overruled or limited so that a spouse or former spouse may bring an IIED claim based on conduct occurring during the marriage that also contributed to the dissolution of the marriage.
2. Whether Sally's complaint stated an IIED claim despite the fact that the alleged conduct led to the parties' divorce.
3. Whether the court should reach Michael's alternative argument that summary judgment was proper.

Disposition

reversed_and_remanded