Legal Opinion

Barile v. Anderson

Supreme Court of Minnesota

Decided December 29, 1972No. 43145PublishedCited by 1 opinion

1Opinion of the Court

Todd, Justice.

Plaintiff appeals from summary judgment entered in favor of defendant, his present wife, whose alleged negligence caused him injuries prior to their marriage. The issue presented is whether interspousal immunity should be applied where the cause of action arose prior to our decision in Beaudette v. Frana, 285 Minn. 366, 173 N. W. 2d 416 (1969), abolishing interspousal immunity in actions for tort prospectively only, but the parties were married and the lawsuit was commenced after the date of said decision. We hold that such immunity is inapplicable, and, accordingly, we reverse.

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2Cases cited5 opinions

  1. Beaudette v. FranaSupreme Court of Minnesota · 1969
  2. Drake v. DrakeSupreme Court of Minnesota · 1920
  3. Koenigs v. TravisSupreme Court of Minnesota · 1956
  4. Reese v. HenkeSupreme Court of Minnesota · 1970
  5. Dunkley Surfacing Co. v. George Madsen Construction Co.Supreme Court of Minnesota · 1970

3Cited by1 opinion

  1. Staab v. Diocese of St. CloudSupreme Court of Minnesota · 2012

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