Supreme Court of New Jersey

Rosemarie Koplik, Plaintiff-Respondent v. C. P. Trucking Corporation

May 5, 195827 N.J. 1

Summary

The New Jersey Supreme Court held that under N.J.S.A. 37:2-5 a wife may not maintain a personal injury action against her husband even when the tort occurred before the marriage and the suit was filed before the marriage; thus the trial court's summary judgment for the defendant was reinstated. Justice Jacobs dissented, arguing that the statute should not bar such antenuptial suits.