Johnson v. Johnson

MEYER, Justice.

By this case, we are confronted with an important question of first impression in this jurisdiction: whether proceeds representing a settlement recovered by a spouse upon a claim for his or her personal injuries sustained during the marriage of the parties constitute marital property subject to distribution upon dissolution of the marriage or whether they are the separate property of the injured spouse.

The panel below, affirming the order of the district court, held that such proceeds are the separate property of the spouse who sustained the personal injuries. The “majority”…