Illinois Mom Kimberly Garrity Wins 'Bad Mom' Case Over Her Kids

Kimberly Garrity's adult children sued her for allegedly being a bad mom.

ByABC News
August 29, 2011, 4:42 PM

Aug. 30, 2011— -- Illinois mom Kimberly Garrity today applauded a court ruling that threw out a lawsuit by her two children who had sued her for allegedly being a bad mom.

"We are very pleased with the court's decision," said Shelley Smith, Garrity's attorney.

In court papers, Smith called the complaint a "litany of childish complaints and ingratitude."

Garrity, 55, battled her kids Steven Miner, 23, and Kathryn Miner, 20, for two years. The children sought $50,000 for emotional distress stemming from the damage of her supposed bad mothering.

The case was originally tossed by a Cook County circuit court, but the kids appealed. Last week, an Illinois appellate court also dismissed it.

Raised in a $1.5 million home by their father, the children alleged the Garrity was a lousy mom because she failed to send money for birthdays, called her daughter home early from homecoming, and threatened to call the police on her son, then 7, if he didn't buckle up in the car.

Steven also accused his mother of once smacking him on the head, saying that he still suffers from headaches. One of the exhibits in the case included a birthday card that Steven called "inappropriate" because it failed to include cash or a check.

The card did include the inscription, "Son I got you this Birthday card because it's just like you ? different from all the rest!" On the inside Garrity wrote, "Have a great day! Love & Hugs, Mom xoxoxo," according to court documents cited by the Chicago Tribune.

When contacted by ABC News, Kathryn Miner said, "I have no comment."

In its ruling, the appellate court said that it found that none of Garrity's behavior could be ruled "extreme or outrageous."

"Such alleged actions are unpleasant and perhaps insensitive, and some would arguably fall outside the realm of 'good mothering,' but they are not so shocking as to form a basis for a claim for intentional infliction of emotional distress," the court ruled.

The children's lawyer was Garrity's ex-husband and the children's father Steven Miner. Garrity's lawyer wrote in court papers that the lawsuit was an attempt by Steven Miner to "seek the ultimate revenge" of having her children accuse her of "being an inadequate mother."

Miner and Garrity were married and then divorced in 1995, records show.

Miner did not immediately respond to messages left by ABC News, but said in court papers that he filed the lawsuit after much legal research and had tried to dissuade his children from bringing the case. He compared this case to one of a patient suing a doctor.

Bruce Ottley, a law professor at DePaul University and author of Illinois Tort Law, said the circuit court which first heard the case was right in throwing it out. "Illinois law is so clear on this. You have to prove extreme and outrageous conduct and that's not what this is," said Ottley.