Ellis v. Estate of Ellis

DURRANT, Justice:

INTRODUCTION

T1 Aimee Ellis sued her husband Steven Ellis's estate (the "Estate") for personal injuries she suffered in a car accident as a result of his negligence. We are presented with two issues on appeal: first, whether the district court erred in ruling that Mrs. Ellis's negligence claim against her husband's estate is barred by the common-law doctrine of interspousal immunity and, second, whether the district court erred in ruling that lay affidavits established a genuine issue of material fact as to whether Mrs. Ellis was mentally incompetent such that the statute of…