Smith v. Rowell

Sognier, Judge.

Sara Thagard, executrix of the estate of Jeanette Smith, and Nessie Rowell, the decedent’s mother, brought this wrongful death action against James Smith, as executor of the estate of Virgil Smith. The trial court denied James Smith’s motion to dismiss the complaint and we granted his application for interlocutory appeal.

Appellant contends the trial court erred by denying his motion to dismiss because appellees are barred from recovery under the doctrine of interspousal tort immunity found in OCGA § 19-3-8. The facts are undisputed that Virgil Smith mortally shot his wife,…