Henry v. Henry

AMUNDSON, Justice.

Lois Henry (Lois) appeals the trial court’s award of summary judgment to her ex-husband, Harold Henry (Harold), arising from claims of assault, battery and intentional infliction of emotional distress. We affirm in part, reverse in part, and remand for trial.

FACTS

Lois and Harold were married on February 4, 1961, and resided on a farm near Seneca, South Dakota. In the mid-1980s, the parties began experiencing marital problems and Harold became physically and verbally abusive. On July 7, 1988, Harold, in a rage, came into the house carrying a sledgehammer and threatened Lois,…