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

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.

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.

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