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This case presents us with the opportunity to re-examine the validity of the doctrine of interspousal immunity. The case originated as a civil action of negligence for personal injuries brought by Kimberly Parmenter Price against her husband, Duane Price.
This case involves interspousal tort immunity. We hold that the most significant relationships test applies to determine whether one family member is immune from tort liability to another family member as set out in section 169 of the Restatement (Second) of Conflicts. That section provides: § 169.
3 lip 1998 · The court of appeals based its holding on this Court's abrogation of the doctrine of interspousal immunity in the Bounds, Price, and Twyman decisions, and concluded that a person may bring any cause of action against his or her spouse.
5 kwi 2018 · This article analyzes sovereign immunity and the extent the Texas Legislature waived sovereign immunity through enactment of the Texas Tort Claims Act (the “TCA” or “Act”). The article begins by outlining the application and effect of common-law sovereign immunity. Next, the article analyzes various
5 maj 1993 · Although most states, like Texas, have abolished interspousal immunity, it appears that, until today, only two state supreme courts have expressly held that intentional infliction of emotional distress may be applied to marital conduct.
INTERSPOUSAL IMMUNITY: WHAT PRICE MARITAL HARMONY? Hill v. Hill, 415 So. 2d 20 (Fla. 1982), reh'g denied (Fla. July 9, 1982) Carmen Minchella I. INTRODUCTION Interspousal immunity protecting spouses from lawsuits against each other has long been a basic tenet of common law. Suits between hus band and wife were simply not recognized, because the ...
5 maj 2022 · According to Texas legislation, spousal immunity includes two privileges: the privilege not to testify in a criminal trial and the marital confidential communications privilege.
