Townsend v. Townsend

708 S.W.2d 646 (1986)

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Townsend v. Townsend

Missouri Supreme Court
708 S.W.2d 646 (1986)

  • Written by Haley Gintis, JD

Facts

Diana Townsend (plaintiff) was shot in the back by her husband, James Townsend (James) (defendant). Townsend filed a claim against James to receive compensatory and punitive damages for the personal injuries she had suffered. James filed a motion for summary judgment on the ground of interspousal immunity, which the district court granted. The matter was appealed to the Missouri Supreme Court. The court considered whether to abolish the doctrine of interspousal immunity by reviewing the purpose of Missouri’s Married Women’s Act and previous court decisions concerning the doctrine and its application.

Rule of Law

Issue

Holding and Reasoning (Rendlen, J.)

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Casebooks

Domestic Violence Law

Key Terms

  • Interspousal ImmunityAlso known as marital immunity, a common-law doctrine that provides that spouses may not maintain tort claims against one another. Interspousal immunity has now been abolished in most states.

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