Cain v. McKinnon
Mississippi Supreme Court
1Opinion of the Court
Brenda Kay Cain has brought an action against her former husband, Billy Earl McKinnon, charging that during the course of their marriage, he "savagely and brutally" assaulted and beat her, and the question is whether McKinnon may assert defensively interspousal tort immunity, notwithstanding Burns v. Burns,518 So.2d 1205 (Miss. 1988), a case decided by this Court some sixteen months after Cain's claim accrued. The Circuit Court granted McKinnon's motion to dismiss, see Rule 12(b)(6), Miss.R.Civ.P., and Cain appeals. We reverse.
In the present procedural posture, we take as true the allegations…
Also in this document: Dissent.
2Cases cited22 opinions
- Griffith v. KentuckySupreme Court of the United States · 1987
- Solem v. StumesSupreme Court of the United States · 1984
- Pruett v. City of RosedaleMississippi Supreme Court · 1982
- Hall v. HilbunMississippi Supreme Court · 1985
- Tideway Oil Programs, Inc. v. SerioMississippi Supreme Court · 1983
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3Cited by27 opinions
- Russell v. StateMississippi Supreme Court · 1992
- Myers v. StateMississippi Supreme Court · 1991
- Presley v. Mississippi State Hwy. Com'nMississippi Supreme Court · 1992
- Moore v. RuthMississippi Supreme Court · 1990
- City of Mound Bayou v. JohnsonMississippi Supreme Court · 1990
22 more not listed; retrieve them via the Exa API.