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LUNA v. CLAYTON

655 S.W.2d 893 (1983)

Michael A. LUNA, b/n/f Jere R. Lee, Individually and as sole surviving child and sole heir-at-law of Linda Luna Clayton, Deceased, Appellant, v. Sherman CLAYTON, Appellee.

Supreme Court of Tennessee, at Nashville.

Opinion on Petition to Rehear August 22, 1983.

Attorney(s) appearing for the Case

Harlan Dodson, Lawrence D. Wilson, Nashville, for appellant.

H. Michael Bennett, Nashville, for appellee.

OPINION

FONES, Chief Justice.

The sole issue before this Court is whether the common law doctrine of interspousal immunity precludes the bringing of a wrongful death action against defendant for the intentional killing of his wife.

Plaintiff brought suit against his step-father under T.C.A. § 20-5-106 for damages for the wrongful death of his mother, whom his step-father intentionally shot and killed. Defendant moved for summary judgment based...

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