PREM v. COX

No. 81-1734.

2 Ohio St. 3d 149 (1983)

PREM, ADMR., APPELLANT, v. COX; DAVIS, APPELLEE.

Supreme Court of Ohio.

Decided January 5, 1983.


Attorney(s) appearing for the Case

Messrs. Holbrock, Jonson, Bressler & Houser, Mr. George N. Jonson and Mr. Timothy R. Evans, for appellant.

Baden, Jones, Scheper & Crehan Co., L.P.A., Mr. David H. Landis and Mr. James H. Scheper, for appellee.


CELEBREZZE, C. J.

The issue presented is whether the doctrine of interspousal immunity applies in this wrongful death action. For the reasons which follow, we hold that the doctrine of interspousal immunity does not bar an action for wrongful death brought by the estate of a deceased spouse against a surviving spouse.

The appellee argues that the doctrine of interspousal immunity and R.C. 2125.01 preclude a wrongful death action in this situation. The statute...

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