Varholla v. Varholla

The question presented is whether one, spouse can .maintain an action for personal injuries received by the alleged negligence of the other spouse, where the married parties are living together as husband and wife at the time of the alleged injury.

The same issue was before this court in Lyons v. Lyons (1965), 2 Ohio St. 2d 243, where we held that such actions *270were barred by interspousal immunity. Our reasons were threefold: .(1) the immunity promotes marital harmony by discouraging' otherwise litigious spouses from pursuing real or fanciful claims to the detriment of the family unit; (2) the…