Prem v. Cox

The issue presented is whether the doctrine of interspousal immunity applies in this wrongful death action. For the reasons which follow, we hold that the doctrine of interspousal immunity does not bar an action for wrongful death brought by the estate of a deceased spouse against a surviving spouse.

The appellee argues that the doctrine of interspousal immunity and R.C. 2125.01 preclude a wrongful death action in this situation. The statute provides in pertinent part:

“When death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain…