Smith v. Smith

This is an appeal by Virginia Ann Smith from the Montgomery Circuit Court's summary judgment in favor of her former husband, Sam A. Smith. We affirm.

Virginia Ann Smith and Sam A. Smith were married on May 7, 1966, and lived together as husband and wife for about 18 years. In 1985, Sam Smith sued for a divorce. However, before the final judgment of divorce was entered, Virginia Smith filed the case sub judice, seeking damages for assaults and batteries perpetrated against her by her husband. She claims that she was assaulted and battered by Sam Smith to such an extent that she suffered a…