Interspousal immunity abrogated in motor vehicle negligence actions accruing out of state.

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In all actions brought by one resident spouse against the other resident spouse for negligence in the operation of a motor vehicle resulting in personal injury, wrongful death or injury to property, it shall not be a defense or a bar to the cause of action that such an action by one spouse against another would not lie in the state where the injury or death occurred. The rights of such spouses, including the standard of care to be applied in such action, shall be determined as if the injury or death had occurred in this state.

(1969, P.A. 623, S. 1; P.A. 74-338, S. 48, 94.)

History: P.A. 74-338 added specific mention of “wrongful death”.

Court will not interpret statute to apply before its enactment or qualify decision of court by it. 160 C. 563. Cited. 201 C. 632.

Cited. 29 CS 326; 33 CS 44.


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