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.