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Husband pleads guilty to aggravated battery, victim, his wife, sues for punitive damages

State Court

By John Breslin | Oct 22, 2019

Adult black and white body 271418

EDWARDSVILLE  A woman whose now estranged husband pleaded guilty to aggravated battery of her has filed a civil case demanding punitive damages following the attack.

Peggy Marin, from Alton, filed suit Oct. 17 in Madison County Circuit Court following Robert A. Marin's guilty plea in September. He was sentenced to two years probation, fined a total of $369, and ordered to undergo medical and mental health treatment, court records reveal.

But Peggy Marin wants the civil arm of the judiciary to award her damages for injuries and as large a punitive amount as the court believes is fair. The one time couple are currently involved in divorce proceedings.

In her complaint, Marin alleges that her husband, on April 27, 2008, "engaged in a prolonged physical attack" during which she was struck, a hand was placed around her neck, and her head was banged off the wall several times. The plaintiff was shoved onto the floor multiple times, the suit claims.

There were also threats, including to kill her, according to the complaint, which lists three counts, battery, assault, and intentional infliction of emotional distress.

The battery count alleges "unwanted, offensive, and harmful physical contact" that led to the injuries, anguish, and emotional trauma. Due to the alleged "aggravated and intentional nature" of the attack, the plaintiff argues she is entitled to punitive damages as well as an award for injuries.

Under the assault claim, Marin claims her husband threatened to use a weapon, and to kill her.

Count three, intentional infliction of emotional distress, argues that the "defendant's actions were so outrageous in character and extreme in degree" that any reasonable person would find it "atrocious" and "utterably intolerable in decent society." For these reasons, the plaintiff believes she is entitled to punitive damages.

The plaintiff is represented by attorney Samuel A. Mormino of Alton.

Madison County Circuit Court case number 2019-L-1475.

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