# Burnette v. Wahl

> Oregon Supreme Court · December 29, 1978 · 284 Or. 705

URL: https://www.frixlaw.com/law-library/cases/9602431

## Case

- **Full name:** BURNETTE, Appellant, v. WAHL, Respondent; WAHL Et Al, Appellants, v. WAHL, Respondent; CHOCKTOOT, Appellant, v. KIRK, Respondent
- **Court:** Oregon Supreme Court
- **Decided:** December 29, 1978
- **Citations:** 284 Or. 705; 588 P.2d 1105
- **Precedential status:** Published
- **Opinion:** Concurrence by Tongue
- **Judges:** Holman, Tongue, Lent, Linde
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9602431

## Opinion text

TONGUE, J.,
concurring.
Although I agree with much of the dissent and, for that reason, disagree with much of the reasoning of the majority opinion, I concur in the result reached by the majority. The doctrine of intrafamily tort immunity has been previously abandoned by this court with respect to intentional torts resulting in physical injuries. In my opinion, however, it does not follow that the doctrine should also be abandoned with respect to intrafamily torts resulting in "mental and emotional injuries” for reasons stated by the majority, although not in the context of intrafamily tort immunity.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9602431. Public record. Not legal advice.