NCJ Number
57466
Date Published
1976
Length
9 pages
Annotation
A SURVEY OF STATE STATUTORY AND CASE LAW PERTAINING TO THE RIGHT OF HUSBANDS AND WIVES TO BRING CIVIL ACTIONS AGAINST EACH OTHER FOR TORTS IS PRESENTED.
Abstract
UNDER THE COMMON LAW RULE OF INTERSPOUSAL TORT IMMUNITY, HUSBANDS AND WIVES MAY NOT SUE EACH OTHER FOR DAMAGES FOR PERSONAL INJURIES ARISING FROM INTENTIONAL TORTS (E.G., ASSAULT AND BATTERY) OR UNINTENTIONAL TORTS (E.G., AUTO ACCIDENTS). OF THE FIVE STATES WITH STATUTES DEALING EXPLICITLY WITH INTERSPOUSAL TORT IMMUNITY, ONLY NEW YORK CONFERS THE RIGHT OF ONE SPOUSE TO SUE THE OTHER IN TORT. INTERSPOUSAL SUITS ARE PROHIBITED BY LAW IN ILLINOIS, LOUISIANA, PENNSYLVANIA, AND HAWAII. A REVIEW OF JUDICIAL DECISIONS PERTAINING TO INTERSPOUSAL SUITS REVEALS THAT THE COURTS IN 27 STATES PERMIT SUCH SUITS, WHILE 23 STATES RETAIN THE OLD COMMON LAW RULE. SOME COURTS HAVE EXPRESSED CONCERN THAT ALLOWING INTERSPOUSAL SUITS WILL CAUSE A FLOOD OF TRIVIAL LITIGATION AND MIGHT LEAD TO COLLUSIVE ACTIONS BETWEEN HUSBANDS AND WIVES AGAINST AUTOMOBILE INSURANCE CARRIERS. CASE LAW CONTAINING EACH STATE'S INTERSPOUSAL TORT DOCTRINE IS CITED. IN ADDITION, SUMMARIES ARE PRESENTED OF CASES REFLECTING INTERSPOUSAL TORT DOCTRINE IN STATES WHICH HAVE RECENTLY SET ASIDE THE OLD COMMON LAW RULE AND IN STATES WITH LONGSTANDING POLICIES AGAINST INTERSPOUSAL TORT IMMUNITY. THE SUMMARIES INCLUDE THE COURTS' RATIONALES FOR PERMITTING SPOUSES TO SUE EACH OTHER. (LKM)