Nicpon v. Nicpon

This appeal challenges the constitutionality of the Illinois inter-spousal-immunity statute (Ill. Rev. Stat. 1985, ch. 40, par. 1001), which bars spouses from suing each other for nonintentional tort injuries. The plaintiff, Barbara Nicpon, through her guardian, filed this action for personal injuries she sustained in an automobile accident allegedly caused by the wilful and wanton misconduct of her husband, the defendant, Andrew Nicpon. Her action was dismissed on the grounds that it was barred under section 1001. On appeal, the plaintiff claims that section 1001 is an unconstitutional…