Simmons v. Simmons

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the trial court [did not] err[] when it allowed an independent civil action alleging the tort of [IIED]” between former spouses because “[i]n Colorado a wife may sue her husband for damages for personal injuries caused by the conduct of her husband”
• wife's post-dissolution claim for intentional infliction of emotional distress against former husband not barred by res judicata
• there is “no clear majority position” among other jurisdictions on whether actionable torts between married parties can or must be litigated in divorce proceedings
• damages action for personal injuries and assaults occurring during the marriage
• marriage does not preclude wife's action for damages for outrage

Source: CourtListener parenthetical corpus (CC0).

Cited by

17 cases in this archive cite this case.

• Twyman v. Twyman
  Texas Supreme Court· 1993-05-05· cited 701×
• In Re the Marriage of Lewis
  Colorado Court of Appeals· 2003-02-13· cited 634×
• In re the Marriage of Ludwig
  Colorado Court of Appeals· 2005-09-08· cited 92×
• Brennan v. Orban
  Supreme Court of New Jersey· 1996-07-16· cited 81×
• Henriksen v. Cameron
  Supreme Judicial Court of Maine· 1993-03-24· cited 54×
• Hakkila v. Hakkila
  New Mexico Court of Appeals· 1991-03-21· cited 46×
• Christians v. Christians
  South Dakota Supreme Court· 2001-12-05· cited 37×
• Ward v. Ward
  Supreme Court of Vermont· 1990-10-05· cited 21×
• McCulloh v. Drake
  Wyoming Supreme Court· 2001-06-15· cited 19×
• Gavrilis v. Gavrilis
  Colorado Court of Appeals· 2005-06-09· cited 12×
• Mockelmann v. Mockelmann
  Colorado Court of Appeals· 2005-08-11· cited 10×
• Allen v. Allen
  Supreme Court of Vermont· 1994-04-15· cited 7×
• Barrup v. Barrup
  Supreme Court of Vermont· 2014-11-07· cited 6×
• Kayes v. Kayes
  Missouri Court of Appeals· 1995-02-28· cited 6×
• In re the Marriage of Mockelmann
  Colorado Court of Appeals· 2005-08-11· cited 3×
• Marshall v. Marshall
  Colorado Court of Appeals· 2008-04-03· cited 1×
• Richardson v. Richardson
  South Dakota Supreme Court· 2017-12-27

Cites

6 cases in this archive are cited by this case.

• Tevis v. Tevis
  Supreme Court of New Jersey· 1979-04-05· cited 146×
• Windauer v. O'CONNOR
  Arizona Supreme Court· 1971-06-17· cited 42×
• Lord v. Shaw
  Utah Supreme Court· 1983-06-02· cited 26×
• Walther v. Walther
  Utah Supreme Court· 1985-11-01· cited 25×
• Budagher v. Amrep Corp.
  New Mexico Court of Appeals· 1983-08-10· cited 12×
• McCabe v. United Bank of Boulder
  Colorado Court of Appeals· 1982-07-22· cited 11×