## Facts

- A wife filed for divorce after a marriage of about three and a half years; the parties had one child.
- During the divorce, the wife asserted civil tort claims against the husband, including negligent infliction of emotional distress and intentional infliction of emotional distress (IIED), based on alleged abuse.
- The wife requested a jury trial on the tort claims.
- The district court joined the tort claims with the divorce, denied a jury trial on the tort issues on its own motion, and conducted a bench trial on all matters.
- The district court rejected most allegations (including sexual assault) for lack of proof or as untimely, but found liability based on a September 1997 incident in which the husband allegedly held a pillow over the wife’s face.
- The district court awarded compensatory and punitive damages for the pillow incident and entered orders on custody, child support, and property division.
- Both parties appealed various aspects of the decree and the tort rulings.

## Issues

1. Whether a spouse may maintain an IIED claim against the other spouse based on conduct occurring during the marriage.
2. Whether the district court erred by denying the wife a jury trial on independently pleaded tort claims that were tried together with the divorce.
3. Whether the evidence was sufficient to support IIED liability and damages for the pillow incident.
4. Whether the punitive damages award complied with Wyoming punitive damages requirements.
5. Whether the district court abused its discretion in custody determinations and committed reversible error in child support and property rulings.

## Decision

- The Supreme Court of Wyoming affirmed in part, reversed in part, and remanded.
- The court held Wyoming recognizes IIED claims between spouses arising from marital conduct.
- The court held the district court erred by denying a jury trial on the tort claims; the joinder of tort claims with a divorce does not eliminate the jury right for legal claims.
- The court concluded the pillow-incident evidence could support IIED under the governing elements, though further proceedings were required because of the jury-trial error.
- The court reversed in part and remanded aspects of the punitive damages determination for application of proper standards.
- The court largely affirmed the custody determination, and affirmed in part and reversed/remanded portions of the child support and property rulings requiring correction or clarification under statutory requirements.

## Legal Principles

- Wyoming permits interspousal tort actions, including IIED, when the plaintiff proves extreme and outrageous conduct, intent or recklessness, causation, and severe emotional distress.
- Independent tort claims asserted within or alongside a divorce retain the right to a jury trial; a court may not remove that right by unilaterally folding legal claims into an equitable divorce proceeding.
- Punitive damages require proof of willful, wanton, or reckless misconduct and must be supported by findings consistent with Wyoming punitive damages doctrine.
- Custody determinations are reviewed for abuse of discretion, with deference to the trial court’s credibility findings and best-interests assessment.
- Child support calculations and property division must comply with applicable statutes and be supported by adequate findings; errors warrant remand for recalculation or clarification.

## Conclusion

The court recognized IIED between spouses and held that tort claims joined with divorce remain jury-triable legal claims; it remanded the tort and punitive damages issues for proceedings consistent with those rules while largely upholding custody and correcting parts of the financial orders.


McCulloh v. Drake, 24 P.3d 1162 (Wyo. 2001)