Opinion

DiGIROLAMO v. Apanavage

  • 454 Pa. 557
  • 312 A.2d 382
  • 1973 Pa. LEXIS 795
Court
Supreme Court of Pennsylvania
Filed
Dec 4, 1973
Status
Published
Author
Manderino
On the bench
Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
Cited by
25 cases
Authority
More cited than 8.6%

reaffirming interspousal immunity solely on marital discord theory

How later courts described this case

  • reaffirming interspousal immunity solely on marital discord theory
  • Dissenting Opinion by ROBERTS, J.
  • wife not permitted to recover for damages caused by tort committed prior to marriage

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Mr. Justice Manderino:

I dissent. The statute in this case which deprives a married woman of her right to file a legal claim is unconstitutional. The legislature cannot grcurvt immunity from suit to any person who has wronged another. There is no authority in the Pennsylvania Constitution which permits the legislature to deprive anyone of the opportunity to redress a wrong. In fact, the Declaration of Bights (Pa. Const. art. I, §11) specifically provides that “. . . every man for an injury done him in his lands, conditions, person or reputation shall have remedy by due course of law. . . .” See Brown v. Common *575 wealth, 453 Pa. 566 , 305 A. 2d 868 (1973) (Manderino, J., dissenting).

The above section of the Declaration of Rights, in the context of the entire Declaration, obviously uses the word man as a reference to human beings, and not as a reference to the male of the human species. The full protections of the Declaration of Rights are available to females as well as males. A legislative enactment which provides any defendant with immunity from suit is unconstitutional.

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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