Supreme Court of New Jersey
Rosemarie Koplik, Plaintiff-Respondent v. C. P. Trucking Corporation
May 5, 195827 N.J. 1
Summary
The Supreme Court of New Jersey 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 therefore reversed the Appellate Division and reinstated the trial court's summary judgment for the defendant. The Court reasoned that the statutory language prohibiting spouses from suing each other applies to the continuation of a suit and that conflict‑of‑laws considerations do not override the state’s public policy. Justice Jacobs, dissenting, argued that the majority misinterprets the statute and that modern policy supports allowing such actions.