Zysk v. Zysk

The question for decision in this civil appeal is whether participation in the crime of fornication, in violation of Code § 18.2-344, bars recovery in tort for injuries resulting from that criminal act.

Appellant Lynn L. Zysk instituted this action against appellee Heinz Rudolph Zysk, her husband, seeking recovery in damages for alleged personal injuries and other losses caused by the defendant’s conduct prior to the marriage. The defendant filed a demurrer, which the trial court sustained. We awarded the plaintiff this appeal from the court’s August 1988 order dismissing the action.

We will…