HEINO v. HARPER

TC A8404-02592, CA A37137, SC S33273.

759 P.2d 253 (1988)

306 Or. 347

Dorothy M. HEINO, Petitioner On Review, v. Roy L. HARPER, Defendant, Arno Heino, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided August 2, 1988.


Attorney(s) appearing for the Case

Charles S. Tauman, Portland, argued the cause on behalf of petitioner on review. With him on the petition was Bennett, Hartman, Tauman & Reynolds, Portland.

Duane Vergeer, Portland, argued the cause on behalf of respondent on review. The responses were filed by Thomas Sauberli and Vergeer, Roehr & Sweek, Portland.


GILLETTE, Justice.

We are asked in this case to reconsider the rule of law in Oregon that a person is immune from liability for negligent torts committed against his or her spouse. This court first announced the rule for this state as a matter of common law in Smith v. Smith, 205 Or. 286, 287 P.2d 572 (1955); see also Apitz v. Dames,

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