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

Sheila (W) and William (H) Twyman were married in 1969. W filed for a divorce in 1985 and later amended the petition to add a general claim for emotional harm without specifying whether the claim was for intentional or negligent harm. W alleged that H intentionally and cruelly attempted to engage her in deviate sexual acts of sadomasochistic bondage. The divorce was granted, and as part of the decree, W was awarded $15,000 plus interest for her claim of emotional distress. H appealed contending that interspousal tort immunity precluded the distress recovery. The court of appeals affirmed holding that W could recover for negligent infliction of emotional distress. H appealed.

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