Policino v. Ehrlich

Opinion by

Hoffman, J.,

This appeal raises the question of whether it is proper to assert marital immunity in a motion to strike a judgment.

On March 22, 1969, plaintiff-appellant, then unmarried, was a passenger in an automobile operated by Leonard Policino which was involved in an accident with an automobile driven by defendant Alan Ehrlich. Subsequently, on April 30, 1969, appellant married Leonard Policino. After the marriage, appellant filed an action *21in trespass against Alan Ehrlich, who joined Leonard Policino as additional defendant. Following trial, the jury returned a verdict in favor…