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
Clifford F. Brown, J.,
concurring. Because I believe the doctrine of interspousal immunity should be abrogated in every instance (see dissenting opinion to Varholla v. Varholla [1978], 56 Ohio St. 2d 269, at 271 [ 10 O.O.3d 403 ], and to Bonkowsky v. Bonkowsky [1982], 69 Ohio St. 2d 152 , at 155 and 162 [ 23 O.O.3d 188 ]), I concur only in the syllabus and judgment.
Sweeney, J., concurs in the foregoing concurring opinion.