Torts- Interspousal Immunity - The Impact of Abrogation of Interspousal Tort Immunity in Nebraska
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Authors
Hargens, William F.
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
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Alternative Title
Abstract
INTRODUCTION|In Imig v. March the Nebraska Supreme Court abrogated the fifty-two year old doctrine of interspousal immunity established in Emerson v. Western Seed & Irrigation Co. Imig is the third in a line of cases abrogating immunities in Nebraska. Yet to fall, however, is the rule preventing an unemancipated minor from bringing an action against his or her parent for negligence. |The major focus of this Note will be to analyze the future impact of the Imig decision. In order to measure its impact in the field of interspousal torts, a discussion of the possible limitations of the case will be presented followed by an analysis of the appropriate standard of care or possible defenses in an interspousal action. A discussion of the similarities and differences between interspousal and parent-child torts will be included to determine whether Imig may effect parental immunity. Finally, this Note will attempt to explore some of the ramifications which may occur in the insurance industry as a result of the abrogation of interspousal immunity...
Description
Citation
13 Creighton L. Rev. 423 (1979-1980)
Publisher
Creighton University School of Law