McCulloh v. Drake

Summary

The Wyoming Supreme Court reviewed cross-appeals arising from a divorce proceeding involving child custody, support, property division, tort claims, and punitive damages. The court affirmed the property distribution, held that intentional infliction of emotional distress may be actionable between spouses subject to a high threshold, and concluded that tort claims were improperly joined with the divorce action and should be determined by a jury in a separate proceeding. The case was affirmed in part, reversed in part, and remanded.

Holdings

1. Wyoming recognizes an independent cause of action for intentional infliction of emotional distress between spouses, but the plaintiff must satisfy a high threshold of extreme and outrageous conduct resulting in severe emotional distress.
2. Tort claims should not be joined with marital dissolution claims because divorce proceedings are equitable while tort claims are actions at law that may carry a right to jury trial.
3. Separating tort claims from divorce claims does not trigger res judicata because the two actions do not involve identical subject matter or the same claim.
4. The statute of limitations for a civil sexual-assault action is four years; the one-year period for assault or battery expressly excludes sexual assault.
5. The husband was entitled to discovery of the wife's complete relevant mental-health records, including records predating the marriage, because those records were relevant to her mental health, custody allegations, and claimed severe emotional distress.
6. The trial court did not abuse its discretion in awarding the husband property acquired or increased through gifts and inheritance and in allocating fees and costs as it did.

Questions Presented

1. Whether the trial court's property division and allocation of fees and costs constituted an abuse of discretion.
2. Whether Wyoming recognizes an independent cause of action for intentional infliction of emotional distress between spouses.
3. Whether tort claims may be joined with a divorce action and tried without a jury.
4. Whether separating tort claims from a divorce action triggers res judicata.
5. Whether the statute of limitations for civil sexual assault is four years rather than one year.
6. Whether the husband was entitled to discovery of the wife's complete relevant pre-marriage mental-health records.
7. Whether the custody issue should be decided in light of changed circumstances and a subsequently modified custody order.

Disposition

reversed_and_remanded