GUFFY v. GUFFY

No. 52,360

230 Kan. 89 (1981)

631 P.2d 646

ETHEL GUFFY, an Incapacitated Person, by and through Lawrence Reeves, her Conservator and Next Friend, Appellant, v. GEORGE GUFFY, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1981.


Attorney(s) appearing for the Case

Donald W. Vasos, of Scott, Daily & Vasos, of Kansas City, argued the cause, and Dianna K. Stapleton, of the same firm, was with him on the briefs for the appellant.

Wayne T. Stratton, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, argued the cause, and Mark A. Buck, of the same firm, was with him on the brief for the appellee.

Kay Y. Rute, of Carpenter & Carpenter, Chartered, of Topeka, and Carol Duffy McDowell, of Levy & McDowell, of Topeka, were on the amicus curiae brief for the American Civil Liberties Union.

Justice B. King, of Fisher, Patterson, Sayler & Smith, of Topeka, was on the amicus curiae brief for the Kansas Association of Defense Counsel.


The opinion of the court was delivered by

FROMME, J.:

This appeal presents the issue of whether this court should continue to recognize interspousal tort immunity in Kansas, which immunity was first recognized by this court in 1952. See Sink v. Sink, 172 Kan. 217, 239 P.2d 933 (1952).

The present case arose from a one-car accident in Jackson County, Kansas. The accident occurred...

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