Davis v. Davis

OPINION

BROCK, Justice.

The issue before the Court concerns the continued validity of the doctrine of inter-spousal immunity; specifically, whether that common law doctrine should be allowed to preclude a negligence action by one spouse against the other.

On June 5, 1979, the plaintiff-appellant, Marjorie Ann Davis, was riding as a passenger in a motorized fishing boat which was being operated by her husband, the defendant-appellee, Wayne Davis. At approximately 2:00 p.m. Mr. Davis set a course across Percy Priest Lake, intent on returning to the landing where he and his wife had earlier…