Ebert v. Ebert

The opinion of the court was delivered by

McFarland, J.:

This is an action wherein plaintiff-wife, Virginia Ann Ebert, seeks damages for physical injuries which she alleges were intentionally inflicted upon her by defendant-husband, Patrick C. Ebert, during the course of their marriage. The trial court dismissed the claim herein on the grounds of inter-spousal tort immunity. Plaintiff appeals therefrom.

The trial court’s decision and the parties’ briefs were all filed prior to this court’s decision in Stevens v. Stevens, 231 Kan. 726, 647 P.2d 1346 (1982), which substantially altered the…