Rosalyn D. Immer, Plaintiff-Appellant v. Henry P. Risko, Defendant-Respondent, and Thomas A. Simonsen, Defendant

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for trial, holding that the common‑law interspousal immunity doctrine does not apply to automobile negligence actions between spouses. The Court reasoned that the doctrine’s historic basis is obsolete, policy arguments for its continuation are unpersuasive, and widespread liability insurance mitigates concerns about fraud and family disruption. Justice Francis dissented, maintaining the immunity doctrine.