Stevens v. Stevens

The opinion of the court was delivered by

Fromme, J.:

This is a wrongful death action brought by Xanthippe and Xavier Stevens against their stepmother, Mary Connie Stevens, for the death of their father, Gary Stevens. The defendant, Mary Connie Stevens, filed a motion to dismiss the action on the ground interspousal tort immunity would have barred an action by the father against his wife and under the wrongful death statute, K.S.A. 60-1901, an action by the children is barred also.

The children’s claim is brought on two theories: First, that the father’s death was the result of negligence; and…