In 2009, Kimberly Garrity was sued by son Steven II, now 23, and daughter Kathryn, now 20 for emotional distress as a result of bad mothering. The children, who were raised in a $1.5 million Barrington Hill home were represented by three attorneys, including their father, Steven A. Miner. The damages sought were $50,000. Steven A. Miner and Kimberly Garrity were married for a decade before she filed for divorce in 1995, records show.
An Illinois appeals court dismissed the case last week ruling that the mother’s conduct was not “extreme or outrageous.” The court also found that to rule in favor of the plaintiffs would bring excessive judicial scrutiny and interference to family life.
Among the allegations and exhibits of in the plaintiffs’ complaint against the mother were the following:
Telling her then 7-year-old son to buckle his seat belt or she would contact police.
An alleged inappropriate birthday card that failed to include a check or cash. The front of the American Greetings card featured a photo of tomatoes spread across a table with one with craft-store googly eyes attached. The birthday message was “Son I got you this Birthday card because it’s just like you … different from all the rest!” and “Have a great day! Love & Hugs, Mom xoxoxo.”
Failure to send care packages to her son while he was in college.
Failure to send other birthday cards to the son for several years.
“Haggling” over the amount to spend on party dresses for her daughter.
Calling her daughter at midnight to ask that she return home from celebrating homecoming.
Steven A. Miner claimed in court filings that he tried dissuade to his children from pursuing the case, but he also wrote that the case is no different than a patient suing a physician “for bad doctoring.”