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DiGIROLAMO et ux. v. APANAVAGE

222 Pa.Super. 74 (1972)

DiGirolamo et ux., Appellants, v. Apanavage.

Superior Court of Pennsylvania.

June 15, 1972.

Attorney(s) appearing for the Case

George A. Hahalis, for appellants.

Jackson M. Sigmon, with him Sigmon, Briody, Littner & Ross, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION PER CURIAM, June 15, 1972:

Order affirmed.

DISSENTING OPINION BY PACKEL, J.:

Unless and until the Supreme Court or the General Assembly speaks, the interspousal immunity for personal injuries sustained during marriage is binding upon this Court. There is no reason, however, to extend the doctrine, so often criticized, to make it applicable to a pre-marital tort. Certainly, it is not within the

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