Legal Opinion

Larkin v. Larkin

Court of Appeals of Georgia

Decided June 28, 2004No. A04A0317PublishedCited by 1 opinion

1Opinion of the Court

Adams, Judge.

The issue raised in this case is whether interspousal tort immunity survives the death of both spouses.

On August 7,1999, Roy Williams was injured in an accident in a car being driven by his wife Aleen Williams. In October 2000, both Roy and Aleen died in an unrelated accident. Frances Larkin was appointed the administrator of both estates. On August 6, 2001, Larkin, on behalf of Roy’s estate, filed suit against Aleen’s estate for the injuries Roy suffered in the 1999 accident as a result of alleged negligence by Aleen. The two estates are represented by different lawyers. Aleen’s…

2Cases cited5 opinions

  1. Nelson v. Spalding CountySupreme Court of Georgia · 1982
  2. Robeson v. International Indemnity Co.Supreme Court of Georgia · 1981
  3. Clabough v. RachwalCourt of Appeals of Georgia · 1985
  4. Yates v. LoweCourt of Appeals of Georgia · 1986
  5. Trust Company Bank v. ThorntonCourt of Appeals of Georgia · 1988

3Cited by1 opinion

  1. Hoque v. Empire Fire and Marine Ins. Co.Court of Appeals of Georgia · 2006

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