Childress v. Childress

OPINION

HARBISON, Justice.

In this case petitioner seeks to maintain a negligence action for personal injuries against her husband for an antenuptial tort. She was injured while he was operating an automobile on February 22,1975. The parties were married on June 14, 1975. Suit was instituted about seven and one-half months later, on January 31, 1976.

Both the trial court and the Court of Appeals held that the action was barred under the rule of interspousal immunity and that respondent was entitled to summary judgment.

We granted certiorari to give further consideration to the issue. We emphasize…