This section contains the nature of the case and procedural background.

H and W were married in 1975. They permanently separated, and H filed for dissolution. W sued in tort for intentional infliction of emotional distress. All the experts agreed that W was temporarily emotionally disabled at the time of the hearing. There were several incidents of assault and battery during the course of the marriage. These included H grabbing W’s wrist and twisting it severely, throwing her face down across the room into a pot full of dirt, slamming a camper shell down on her head, slamming a trunk lid on her hands and that H also used excessive force during sex. During a Christmas party, W asked H to go home because he was drunk and H began screaming, “You fucking bitch, leave me alone.” While home alone, H would go into rages and scream at her. During another incident, H locked W out of the house, and threw his clothes in a camper and drove off. H also kept telling W that she was a lesbian and that she was also just stupid, and insane. W got the judgment and H appealed.

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