Legal Opinion · Concurrence

Christians v. Christians

South Dakota Supreme Court

Decided December 5, 2001No. NonePublished

1ConcurrenceKonenkamp, Justice

[¶ 37.] It might appear that our decision today begins a new coinage, but in truth, our holding only mints from an old die. This Court abrogated interspousal tort immunity sixty years ago. Scotvold v. Scotvold, 68 S.D. 53, 298 N.W. 266 (1941); see also Aus v. Carper, 82 S.D. 568, 151 N.W.2d 611 (1967). Here, the husband’s tortious acts fall under the classic delineation of intentional infliction of emotional distress. His conduct was ostensibly designed to cause the very result he sought. His effort to malign his wife’s job integrity at the bank was a maliciously planned offensive. He…

2Cases cited12 opinions

  1. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  2. Scotvold v. ScotvoldSouth Dakota Supreme Court · 1941
  3. Henriksen v. CameronSupreme Judicial Court of Maine · 1993
  4. Windauer v. O'CONNORArizona Supreme Court · 1971
  5. Hill v. HillSupreme Court of Florida · 1982

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