MacDonald v. MacDonald

WERNICK, Justice.

Before us are two cases which we consider, and decide, by a single opinion because they present the same basic issue. We are called upon to, and we do, overrule the decision of this Court in Abbott v. Abbott, 67 Me. 304 (1877). We hold that a person injured by the tortious conduct of another person is not precluded from asserting liability against the tortfeasor in a civil action solely because the tortious conduct occurred while they were married to each other.

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In MacDonald v. MacDonald, plaintiffs Diane, Marise and Lisa MacDonald instituted, on March 20, 1979, a civil…