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BROOKS v. ROBINSON

No. 570A72.

270 N.E.2d 338 (1971)

Patricia L. BROOKS, Appellant, v. Gene ROBINSON, Appellee.

Appellate Court of Indiana, Division No. 2.

Rehearing Denied July 13, 1971.

Attorney(s) appearing for the Case

Earl C. Townsend, Jr., F. Boyd Hovde, Indianapolis, for appellant; Townsend, Hovde & Townsend, Indianapolis, of counsel.

James J. Stewart, Kent O. Stewart, Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, for appellee.

HOFFMAN, Chief Justice.

The issue presented by this appeal is: Does marriage extinguish a wife's right of action against her husband for his wilful and wanton injury to her person where the injury occurred and her suit was commenced prior to the marriage? The doctrine of interspousal immunity in tort actions is the law in Indiana and the answer is in the affirmative.

On January 6, 1964, plaintiff-appellant (Patricia L. Brooks) was injured while a guest passenger...

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