Sellery

Appellants Laura and David Sellery (Laura and David) appeal summary judgment dismissing her claims for battery, assault, and intentional infliction of emotional distress, and his claim for loss of consortium, against Laura’s parents, respondents David and Donna Cressey (the Cresseys). Attempting to defend the judgment in their favor, the Cresseys cross-appeal on the grounds there are additional reasons, which the trial court did not reach, for granting summary judgment. After review, we reverse the dismissal of Laura’s claims, and affirm the dismissal of David’s.

Procedural and Factual Background

Laura Sellery was bom on May 15, 1955. On March 15,1984, she married David. The Cresseys, Laura’s parents, are apparently now deceased.

On August 11, 1992, Laura and David sued her parents for battery, assault, intentional infliction of emotional distress, and loss of consortium. The complaint alleged the Cresseys “sexually, physically, and emotionally” abused Laura when she was a child. It alleged that David Cressey, Laura’s father, did the following: “a. kiss[ed] . . . Laura[’s] . . . mouth and insert-led] his tongue into her mouth; b. requir[ed]. . . Laura ... to dance…