Brooks cited as abrogating common law rule of interspousal tort immunity
How later courts described this case
- Brooks cited as abrogating common law rule of interspousal tort immunity
Written by the judges who cited it.
The opinion
YOUNG, Presiding Judge,
dissenting.
I dissent.
I disagree with the majority’s broad interpretation of the term “assets” in the context of the disclosure provision. The intent of the parties is of paramount importance in interpreting the settlement agreement. The parties did not intend to resolve the tort action by the settlement. By omitting any releases in the settlement agreement, they have left such matters to future resolution. Thus, by the terms of the agreement as the parties intended them to be interpreted, the tort claim is not included as an asset. I would reverse the dismissal by the trial court.