Algie v. Algie

Brailsford, Justice:

The plaintiff-wife sustained grievous injuries in the crash of an airplane piloted by the defendant-husband on its approach to the Charleston Municipal Airport. The flight originated in Florida, which is the domicile of the spouses. Under Florida law, one spouse is immune from suit by the other in such an action. The husband appeals from an order of the circuit court refusing to sustain a demurrer to the complaint based upon the husband’s immunity under Florida law.

The rule of interspousal immunity from tort liability for personal injury has been abolished in this State.…