
Our guest columnist is Justice Joseph Gordon of the Illinois Appellate Court. The plaintiffs, who grew up in a $1.5 million home, were represented by their father.
Twenty-one-year-old Steven A. Miner II and 18-year-old Kathryn Miner, the children of Kimberly A. Garrity, brought suit against Garrity for “bad mothering.” Both sought damages in excess of $50,000 for intentional infliction of emotional distress and negligent infliction of emotional distress, as well as punitive damages…
Plaintiffs’ complaint alleges that on November 17, 1995, when Steven was seven and Kathryn was four, Garrity and their biological father were divorced. The father was granted sole custody of Steven. The parents had joint legal custody over Kathryn, who resided at her father’s house and had visitation with her mother.
According to the complaint, ever since the divorce, Garrity has “engaged in a course of conduct which has caused both the intentional and negligent infliction of emotional distress to STEVEN and KATHRYN.” The complaint alleges that this conduct is fueled, in part, by Garrity’s desire to retaliate against her ex-husband, toward whom she harbors great animosity.
The complaint provides a lengthy list of the many ways in which Garrity allegedly inflicted emotional distress upon the plaintiffs, as follows:
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