ALLEY v. DORAME

No. 2 CA-CIV 3476.

126 Ariz. 170 (1980)

613 P.2d 834

Gordon T. ALLEY, esq., as Special Administrator of the Estate of Margaret J. Dorame, Deceased, and as Guardian ad Litem for Christopher A. Dorame, Ronald Z. Dorame and Frank G. Dorame, Surviving Minor Children of Decedent, Plaintiff/Appellant, v. Frank A. DORAME, Individually and as Personal Representative of the Estate of Margaret J. Dorame, Deceased, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 28, 1980.

Review Denied June 24, 1980.


Attorney(s) appearing for the Case

Chaney & Blaser by Joe G. Chaney, Jr., Tucson, for plaintiff/appellant.

Fish, Briney, Duffield, Miller, Young & Adamson, P.C. by Richard Briney, Tucson, for defendant/appellee.


OPINION

HOWARD, Judge.

This is a wrongful death action in which we are once again faced with the doctrine of interspousal immunity in tort cases.

Margaret Dorame was killed in an automobile accident caused by her husband who was later convicted of vehicular manslaughter with gross negligence.1 Since under our wrongful death statute, A.R.S. Sec. 12-611, the appellant's right to recover depended upon the right of the wife...

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