Hakkila v. Hakkila
Court of Appeals of New Mexico
812 P.2d 1320 (N.M. App. 1991)
Arnold Hakkila (plaintiff) filed for divorce from Peggy Hakkila (defendant) after 10 years of marriage; Peggy counter-petitioned for intentional infliction of emotional distress (IIED), alleging Arnold had assaulted and screamed at her on multiple occasions, once locked her out of the house, and repeatedly made derogatory remarks, including about her sexuality. At the hearing, experts disagreed about whether Peggy's mental health issues, including a period of acute depression and one psychotic episode after the separation, predated the marriage or arose during it. The trial court rejected Arnold's argument that public policy barred one spouse from suing the other in tort and ruled for Peggy on the IIED claim; Arnold appealed.
Whether a spouse asserting a claim of intentional infliction of emotional distress against the other spouse must show conduct more extreme and outrageous than would be required in a claim against a non-family member.