LUSBY v. LUSBY

[No. 167, September Term, 1977.]

283 Md. 334 (1978)

390 A.2d 77

DIANA R. LUSBY v. GERALD LEE LUSBY ET AL.

Court of Appeals of Maryland.

Decided July 19, 1978.


Attorney(s) appearing for the Case

Theodore L. Mast, with whom were Bill L. Yoho, Stephen H. Kiefert, Martin C. Dennis, Robert S. Hoyert and Hoyert & Yoho on the brief, for appellant.

Joseph H. Rouse for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.


SMITH, J., delivered the opinion of the Court.

We shall here hold that under the facts and circumstances of this case, amounting to an outrageous, intentional tort, a wife may sue her husband for damages — a holding which represents somewhat of a departure from the earlier decisions of this Court.

Appellant, Diana R. Lusby (the wife), brought an action in the Circuit Court for Prince George's County against John Doe, Richard Roe, and Gerald Lee Lusby...

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