Davis v. Bostick, 282 Or. 667 (1978)

CASE: Woman sues ex-husband for intentional infliction of emotional distress for conduct that occured while they were still married and shortly thereafter.

FACTS: The parties separated in May 1973 after a nine-year marriage; defendant began assaulting, stalking and terrorizing plaintiff beginning shortly thereafter and ending in 1975 (they were divorced in December 1974); plaintiff wife brought suit against defendant ex-husband in 1976, alleging intentional infliction of emotion distress; jury awarded $7,500 in general and $10,000 in punitive damages; defendant appeals, saying the court should not have submitted to the jury acts which took place during the parties' marriage.

BOSTICK ARGUES:

• There ought to be interspousal immunity in cases in which no physical injury is alleged; the law ought to treat the dissolution of marriage as new beginning for both parties.

COURT SAYS: Judgment reversed, remanded for a new trial.

HOLDING: Trial court did not err in submitted to the jury incidents in an intentional infliction of emotional distress case between ex spouses that took place while the two were still married; trial court erred in including incidents which took place beyond the two-year statute of limitations for such actions.

RATIONALE:

• The court declined to carve out an exception for intentional torts to the abolishment of interspousal immunity.
• Plaintiff could have availed herself of the legal system long before she did, and during the time in which the statute of limitations still applied.

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