ROBERTSON v. McKNIGHT

No. B-9144.

609 S.W.2d 534 (1980)

James Lewis ROBERTSON et al., Petitioners, v. The ESTATE of Byron M. McKNIGHT, Respondent.

Supreme Court of Texas.

Rehearing Denied January 14, 1981.


Attorney(s) appearing for the Case

Byrd, Davis & Eisenberg, Tom Davis and George M. Fleming, Small, Craig & Werkenthin, C. C. Small, Jr., Austin, for petitioners.

L. W. Anderson, Dallas, Jack Ritter, Jr. and John W. Pleuthner, Austin, for respondent.


GREENHILL, Chief Justice.

A New Mexico couple was killed when their plane crashed in Texas. The question here is whether the Texas doctrine of interspousal tort immunity bars a suit by the wife's estate against the husband's estate for wrongful death. We hold that the New Mexico law, which allows one spouse to recover from the other for injuries caused by negligence, applies to the instant cause.

On December 5, 1974, Byron McKnight piloted a plane from New...

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