Adult siblings lose case suing mother for bad parenting
Court dismisses case after two-year battle over incorrect birthday cards and other petty complaints
Steven II (23) and Kathryn (20) MIner have attempted and failed to successfully sue their mother for $50,000 claiming that she was a “bad mother”. The sibling, represented by three lawyers, including their father Steven A. Miner, brought their mother, Irish American Kimberly Garrity to court.
It was alleged that Garrity, who raised her children in their $1.5 million Illinois home, had failed to bring Kathryn to a car show and had threatened Steven II with phoning the police if he didn’t buckle his seatbelt. According to reports Garrity had “haggled” over dress prices and called Kathryn at midnight to tell her to come home from a party.
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Steven II said that his mother had once bought him the wrong birthday card and also omitted to include any money in it. The card depicted a tomato on a table of other tomatoes, just one had ‘googly eyes’. It read “Son I got you this Birthday card because it’s just like you ... different from all the rest!” Steven said it was “inappropriate”.
This case has spent two years in court but has now been dismissed as an “emotional distress” case. The court ruled that Garrity’s conduct was not “extreme or outrageous”.
According to reports in the Salt Lake Tribune the court said a positive ruling “could potentially open the floodgates to subject family childrearing (to) excessive judicial scrutiny and interference.”
Garrity had been married to Miner for ten years before their filed for divorce 16 years ago. Shelly Smith, Garrity’s attorney said that Miner was simply seeking the ultimate revenge accusing her of being a bad mother.
She said “It would be laughable that these children of privilege would sue their mother for emotional distress, if the consequences were not so deadly serious.”
The children’s father wrote “(The children) do not view their (lawsuit) as an attack on mothering, but rather on accountability…Everyone makes mistakes, but... there must be accountability for actions. Parenting is no different.”
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