Bennett v. Bennett

I dissent.

We granted certiorari to determine whether an action for wrongful death brought by a plaintiff against his stepmother, alleging that she and others conspired to murder his father, is barred by the doctrine of interspousal immunity. In its opinion, Bennett v. Bennett, 162 Ga. App. 311 (2) (290 SE2d 206) (1982), the Court of Appeals, citing Jones v. Swett, 244 Ga. 715 (261 SE2d 610) (1979), held as follows: “Because the father would, if he were living, be barred by the doctrine of interspousal immunity from bringing a personal injury action against his wife, and because the…