Williams v. Williams

The sole issue on appeal is whether the trial court committed error in granting the defendant’s motion to dismiss. The majority chooses to ignore this issue simply by stating that the plaintiff-appellant “has cloaked the issue of this appeal in a procedural guise,” and has rewritten the issue to decide whether the statutory interspousal immunity in Illinois is an absolute bar to the plaintiffs cause of action. That issue was decided by the supreme court in Allstate Insurance Co. v. Elkins (1979), 77 Ill. 2d 384, 396 N.E.2d 528, in a split 5 to 2 opinion. By my view, the majority today has…