Barbara Merenoff, Plaintiff-Appellant v. Allen Merenoff, Defendant-Respondent; Bienvenida Mercado…

Summary

The Supreme Court of New Jersey reversed the summary‑judgment rulings and remanded the Merenoff and Mercado cases for trial, holding that interspousal tort immunity is no longer a bar to personal injury actions between spouses. The Court reasoned that policy justifications for the immunity have eroded and that ordinary negligence standards and the preponderance burden of proof apply.