Opinion

Prem v. Cox

  • 2 Ohio St. 3d 149
  • 2 Ohio B. 694
  • 443 N.E.2d 511
  • 1983 Ohio LEXIS 636
Court
Ohio Supreme Court
Filed
Jan 5, 1983
Status
Published
Author
Brown
On the bench
Brown, Celebrezze, Holmes, Krupansky, Locher, Only, Sweeney, Syllabus
Cited by
15 cases
Authority
More cited than 15.1%

Spousal immunity is not available in wrongful death action by the estate of a decedent who was killed by the negligence of her spouse

How later courts described this case

  • Spousal immunity is not available in wrongful death action by the estate of a decedent who was killed by the negligence of her spouse

Written by the judges who cited it.

The opinion

William B. Brown, J.,

concurring. It is my strong belief that interspousal immunity is an outmoded, ineffective, anachronistic and unconstitutional doctrine. Based on the reasons set forth in my dissenting opinions in Varholla v. Varholla (1978), 56 Ohio St. 2d 269, 271 [ 10 O.O.3d 403 ], and Bonkowsky v. Bonkowsky (1982), 69 Ohio St. 2d 152, 155 [ 23 O.O.3d 188 ], I would hold that the doctrine of interspousal immunity should never operate as a bar to recovery. Because the majority would only abrogate the doctrine of interspousal immunity in wrongful death actions, I can only concur in the syllabus and the judgment in this case.

*153 Sweeney, J., concurs in the foregoing concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.