Luna Ex Rel. Lee v. Clayton

OPINION

FONES, Chief Justice.

The sole issue before this Court is whether the common law doctrine of interspousal immunity precludes the bringing of a wrongful death action against defendant for the intentional killing of his wife.

Plaintiff brought suit against his step-father under T.C.A. § 20-5-106 for damages for the wrongful death of his mother, whom his step-father intentionally shot and killed. Defendant moved for summary judgment based upon the factually identical case of Hance v. Haun, 216 Tenn. 176, 391 S.W.2d 621 (1965), in which this Court upheld the applicability of the common law…