Guffy Ex Rel. Reeves v. Guffy

I respectfully dissent from the opinion of the majority which breathes further life into the outmoded doctrine of interspousal immunity from tort liability. Interspousal immunity was adopted by this court in Sink v. Sink, 172 Kan. 217, 239 Kan. 933 (1952), after only a cursory examination of the issues and policies involved. Since Sink, the doctrine has been summarily followed in subsequent Kansas cases without reexamination of its underlying premises. It cannot be denied that there is a wide difference of opinion on this issue in this country held by reasonable persons of good faith. It is…