Washington Law Review




Plaintiff brought an action to recover damages for injuries which were intentionally inflicted by her former husband subsequent to the initiation of divorce proceedings. The complaint alleged that defendant, with intent to kill plaintiff and in violation of a non-molestation order, repeatedly rammed plaintiff's automobile with his own. Defendant challenged plaintiff's right to sue, claiming immunity from suit by his former wife for personal tort occurring during marriage. The trial court granted judgment for defendant on the pleadings, which was affirmed on appeal. Held: A man is immune from suit in tort by his former wife, even though the tort was intentional and was inflicted after divorce proceedings had been initiated. Fisher v. Toler, 194 Kan. 701,401 P.2d 1012 (1965).

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