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EBERT v. EBERT

No. 54,198

232 Kan. 502 (1983)

656 P.2d 766

VIRGINIA ANN EBERT, Appellant, v. PATRICK C. EBERT, Appellee.

Supreme Court of Kansas.

Opinion filed January 14, 1983.

Attorney(s) appearing for the Case

Dorothy L. Thompson, of Everett, Seaton, Knopp & Thompson, of Manhattan, argued the cause, and Donn J. Everett, of the same firm, was with her on the brief for appellant.

Anne B. Miller, of Miller, Ball & Miller, of Manhattan, argued the cause, and Paul E. Miller, of the same firm, was with her on the brief for appellee.

Donna M. Dill, of Schroeder, Heeney, Groff & Hiebert, a Professional Association, of Topeka, was on the brief amicus curiae for the Kansas Civil Liberties Union.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action wherein plaintiff-wife, Virginia Ann Ebert, seeks damages for physical injuries which she alleges were intentionally inflicted upon her by defendant-husband, Patrick C. Ebert, during the course of their marriage. The trial court dismissed the claim herein on the grounds of interspousal tort immunity. Plaintiff appeals therefrom.

The trial court's decision and the parties' briefs...

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