Heacock v. Heacock

The plaintiff appeals from the dismissal in the Superior Court of her tort action against her former hus band. A judge dismissed this action on the ground that the issues presented in the tort action had been addressed previously in the parties’ divorce action. We transferred the case to this court on our own motion, and now reverse.

We summarize the facts as stated in the Superior Court complaint. On April 22, 1982, the parties were still married, although they had been separated for some months. That day, they engaged in a heated telephone argument. The defendant went to the plaintiff’s…