Robertson v. Estate of McKnight

GREENHILL, Chief Justice.

A New Mexico couple was killed when their plane crashed in Texas. The question here is whether the Texas doctrine of inter-spousal tort immunity bars a suit by the wife’s estate against the husband’s estate for wrongful death. We hold that the New Mexico law, which allows one spouse to recover from the other for injuries caused by negligence, applies to the instant cause.

On December 5, 1974, Byron McKnight piloted a plane from New Mexico. His wife, Amelda McKnight, was aboard. Both died when the plane crashed in Texas. Both Byron and Amelda were domiciliaries of New…