Bevan v. Fix

Appellants, two minor children, appealed the District Court’s grant of summary judgment for intentional infliction of emotional distress. The Supreme Court of Wyoming reversed, holding that genuine issues of material fact precluded the grant of summary judgment on the claims for intentional infliction of emotional distress. The claim for intentional infliction of emotional distress stemmed from a domestic violence incident, which involved appellee beating, kicking, punching, dragging by the hair and choking the mother of two children while screaming that he wanted to kill her. Although the Supreme Court of Wyoming agreed with the District Court that not every domestic violence altercation constitutes an extreme and outrageous conduct or results in sufficiently severe emotional impact to support a third party claim for intentional infliction of emotional distress, it also noted that appellee’s alleged conduct in this case amounted to conduct beyond mere insults, indignities and petty oppressions. If proved, it could be construed as outrageous, atrocious and utterly intolerable in a civilized community. Therefore, the grant of summary judgment was improper, as the jury should have been able to determine whether appellee’s conduct was sufficiently extreme and outrageous to result in liability.