Gates v. Gates

Carley, Justice.

Several months before the parties were married, they were involved in a single-vehicle motorcycle accident. A year after the marriage, the parties separated and, just over a month later, Wife commenced this action against Husband, seeking a divorce in one count of her complaint and, in a separate count, damages for personal injuries allegedly arising from the motorcycle accident. Husband answered and simultaneously filed a motion to dismiss the damages claim based on the doctrine of interspousal tort immunity. The trial court converted that motion into one for summary judgment…