Asplin v. AMICA MUTUAL INSURANCE COMPANY

On March 7, 1976, Clifton McAdams, accompanied by his wife, Alma, was driving along Post Road in the city of Warwick. Both were killed when their automobile left the road and collided with a telephone pole. In July of the same year, the executor under the wife’s will instituted this wrongful death action in the Superior Court against the deceased husband’s automobile liability insurer. The defendant moved for summary judgment on the ground that the rule precluding tort actions between spouses operated as a bar to the action. The motion was granted and the plaintiff appealed.

Only a few months…