Monday, August 29, 2011

Adult children sue parent for "bad mothering" -- including giving a birthday card they didn't like

Raised in a $1.5 million Barrington Hills, Ill., home by their attorney father, two grown children have spent the last two years pursuing a unique lawsuit against their mom for "bad mothering" that alleges damages caused when she failed to buy toys for one and sent another a birthday card he didn’t like.

The alleged offenses include failing to take her daughter to a car show, telling her then 7-year-old son to buckle his seat belt or she would contact police, "haggling" over the amount to spend on party dresses and calling her daughter at midnight to ask that she return home from celebrating homecoming.

Last week, at which point the court record stood about a foot tall, an Illinois appeals court dismissed the case, finding that none of the mother’s conduct was "extreme or outrageous." To rule in favor of her children, the court found, "could potentially open the floodgates to subject family childrearing to ... excessive judicial scrutiny and interference."

In 2009, the children, represented by three attorneys including their father, Steven A. Miner, sued their mother, Kimberly Garrity. Steven II, now 23, and his sister Kathryn, now 20, sought more than $50,000 for "emotional distress."

Miner and Garrity were married for a decade before she filed for divorce in 1995, records show.

Among the exhibits filed in the case is a birthday card Garrity sent her son, who in his lawsuit sought damages because the card was "inappropriate" and failed to include cash or a check. He also alleged she failed to send a card for years or, while he was in college, care packages. more