Flores v. Flores

OPINION

WOOD, Chief Judge.

Husband-defendant knifed plaintiff-wife, inflicting personal injuries. Wife sued for damages which included loss of wages and medical expenses. The trial court granted summary judgment for defendant on the basis that “. . . Plaintiff is precluded from suing the Defendant in tort. . . .” We reverse, holding that one spouse may sue the other for intentional torts. We also discuss the damage claims of lost wages and medical expenses.

Suits between spouse for intentional torts.

Section 21-6-6, N.M.S.A. 1953 (Repl. Vol. 4) states: “A married woman shall sue and be sued as if…