Supreme Court of Michigan.https://leagle.com/images/logo.png
Decided December 7, 1965.
Decided December 7, 1965.
Attorney(s) appearing for the Case
Adams & Wade (William E. Wade, of counsel), for plaintiff.
Howlett, Hartman & Beier, for defendant.
Leitson, Dean, Dean & Abram (Robert M. Abram, of counsel), for plaintiff.
Morrissey, Bove & Yeotis (John P. Bove, of counsel), for defendant Carney.
Hayes & Davis (Kenneth T. Hayes, of counsel), for plaintiff.
Luyendyk, Hainer, Hillman, Karr & Dutcher (Richard B. Baxter and Robert N. Hammond, of counsel), for defendant.
Amici Curiae:
Negligence Law Section, State Bar of Michigan (Richard S. Miller, of counsel), advocating that the doctrine which prevents husband and wife from suing one another to recover damages for personal injuries inflicted by the other be overruled, retroactively.
Negligence Law Section, State Bar of Michigan (Altaro J. Alteri, of counsel), advocating that no change in the rule of interspousal immunity be made.
Supreme Court of Michigan.
SOURIS, J. (for reversal).
Four times in the published reports of this Court we have directly or indirectly denied the right of one spouse to sue the other for recovery of damages for injuries resulting from an interspousal negligent tort.1 We said that at common law such a suit could not be maintained, and we found no statute which we thought would authorize such a suit. That the time has come for a reconsideration of this area...
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