Cusseaux v. Pickett,
652 A.2d 789 (1994)


Facts: Jean Marie Cusseaux (P) and Wilson Pickett (D) lived together for about 10 years. P alleges that during that time, D severally mistreated her, causing her physical injuries on a continuous basis and that D's actions were part of a continuous course of conduct and constituted a pattern of violent behavior, frequently associated with his being intoxicated. P filed an action against D, alleging that D's behavior caused her to suffer the condition of the battered-woman's syndrome, which includes serious personal and emotional injuries that will require medical and other attention. D filed a motion to dismiss P's complaint on the grounds that it fails to state a cause of action.

Issue: Is the "battered-woman's syndrome" a civil cause of action under New Jersey law?

Holding: Yes. Motion dismissed.
On defendant's motion to dismiss for failure to state claim upon which relief could be granted, the Superior Court, Bergen County, Napolitano, J.S.C., held that: (1) abused spouse or other domestic partner may maintain cause of action for battered woman's syndrome; (2) cause of action is not limited only to those who are legally married; and (3) battered woman's syndrome is in nature of continuing tort, for statute of limitations purposes.

Analysis:Plaintiff lived with defendant for a period of about ten years. Plaintiff alleged that, during this time period, defendant severely mistreated her, jeopardized her health and well-being, and caused her physical injuries on numerous occasions. As a result of defendant's behavior, plaintiff alleged that she was caused to suffer the condition of the "battered woman's syndrome," which included serious personal and emotional injuries that required medical and other attention. Defendant filed a motion to dismiss plaintiff's action, arguing that plaintiff failed to state of cause of action. The court held that battered-woman's syndrome was an affirmative cause of action under state law. Therefore, plaintiff could maintain her cause of action. Defendant's motion was denied.

Notes: The battered-woman's syndrome was first recognized as an element of self-defense in New Jersey, probative of the reasonableness of one's belief of imminent danger of serious bodily injury or death. New Jersey law allows an injured party a cause of action for serious personal and emotional injuries that are directly and causally related to the actions of another person.