Jones v. Jones

Birdsong, Chief Judge.

We granted this interlocutory appeal to determine whether the trial court erred in denying summary judgment to the defendant widow Elizabeth Jones in a wrongful death suit on the basis of the inapplicability of liability based upon spousal immunity.

Calvin M. Jones died as the result of an automobile accident which occurred while he was a passenger in the car driven by his wife, Elizabeth. His daughter, Linda Jones, filed a wrongful death suit individually and as executrix of his estate, against his widow Elizabeth. Held:

1. The trial court erred in denying the defendant…