Townsend v. Townsend

708 S.W.2d 646, 1986 Mo. LEXIS 275
CourtSupreme Court of Missouri
DecidedApril 15, 1986
Docket67602
StatusPublished
Cited by45 cases

This text of 708 S.W.2d 646 (Townsend v. Townsend) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Townsend v. Townsend, 708 S.W.2d 646, 1986 Mo. LEXIS 275 (Mo. 1986).

Opinions

RENDLEN, Judge.

The principal issue for resolution is whether the common law doctrine of inter-spousal immunity shall remain a bar against claims for personal injuries inflicted by one spouse against the other during marriage.

Appellant Diana Townsend filed action against her husband seeking damages for personal injuries suffered when he shot her in the back with a shotgun as he attempted to enter her residence. It was alleged the shooting was “intentional and malicious in that [defendant acted with a purpose to seriously injure or kill the [pjlaintiff by [647]*647means of a deadly weapon,” causing injuries which entitled her to compensatory and punitive damages.1

Respondent moved for summary judgment, raising as a bar the doctrine of inter-spousal immunity and on the issues thus framed the trial court entered the summary judgment for respondent. Appeal was taken to the Court of Appeals-Eastern District and prior to opinion, transfer was granted that we might examine the issue presented which is both of general interest and special importance. Mo.Const., art. V, § 10; Rules 83.02, 83.06.

Long established common law principles authorize courts to compel tort-feasors to compensate those they intentionally or negligently injure. Steggall v. Morris, 363 Mo. 1224, 258 S.W.2d 577 (Mo. banc 1953). Finding insufficient support remaining for the proposition that tort-feasors should escape liability for injuries they inflict because the victim happens to be their spouse, we today abolish the doctrine of interspousal immunity as a bar to claims for intentional torts. This step, though a departure from earlier Missouri case law, recognizes that the doctrine from its origin had been a rule in search of a rationale and that the bases advanced in prior years for its support have been substantially diluted or simply disappeared.2

Interspousal tort immunity flowed as a by-product from the common law concept of oneness or the “identity of spouses.” “By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband.” 1 W. Blackstone Commentaries 442. Suspension of the wife’s personal and property rights meant “that she lost the capacity to contract for herself, or to sue or be sued without joining the husband as plaintiff or defendant.” W. Prosser, The Law of Torts 859-860 (4th ed. 1971).3 This concept made suits between husband and wife virtually impossible; because if either was plaintiff in suits against the other it was deemed that the husband sued himself.

Missouri, as did other states in varying degrees, modified the rule in 1855 by granting a married woman her legal identity. This was first accomplished through exception to joinder rules in our civil procedure statutes.4 Thirty-four years later the Married Women’s Act more substantively defined the scope of a married woman’s legal identity. Chapter 109, RSMo 1889. Section 6864 of the act deemed a married woman a “femme sole” for the purposes of “transactpng] business ... to contract and be contracted with, to sue and be sued, and to enforce and have enforced against her [648]*648property such judgments as may be rendered for and against her, and may sue and be sued at law or in equity, with or without her husband being joined as a party ...” (emphasis added).5

The crucial question never squarely addressed by the Court was whether that language abrogated the common law unity fiction for purposes of interspousal torts. In Rogers v. Rogers, 265 Mo. 200, 177 S.W. 382 (1915), the act was only nominally construed in dismissing a wife’s false imprisonment action against her husband. Though sometimes characterized as procedural and on other occasions as substantive, § 8304, RSMo 1909, was found to be a definitive declaration of women’s rights as a “femme sole.” However, the entrenched unity doctrine played a continuing role in the narrow “statutory construction” resulting in this Court’s refusal to depart from the archaic doctrine absent express legislative authority.6 “Whether the absence of this authority is due to the doctrine of the unity created by the marriage relation, or to any effort on the part of legislatures and courts to promote harmony or at least lessen the cause of controversy between the husband and wife, the nonexistence of the husband’s [and thus the wife’s] right in this regard uniformly prevails.” 177 S.W. at 384.7

The narrow statutory construction of Rogers, flowing from the unity fiction, persists in Missouri, despite a thirty-year trend away from strict application of interspousal immunity. Following the 1915 decision in Rogers the bar to interspousal tort actions was classified as substantive, the Court finding that no cause of action for personal injuries between husband and wife arose at common law. Willott v. Willott, 333 Mo. 896, 62 S.W.2d 1084, 1085 (1933). Yet legislative inaction in the face of Rogers, was in the end analysis given as justification for the decision. Id. 62 S.W.2d at 1085-86.

However, in Mullally v. Langenberg Bros. Grain Co., 339 Mo. 582, 98 S.W.2d 645 (1936), a wife was allowed to sue her husband’s employer for her injuries suffered as a result of acts by the husband in the course of his employment. Quoting Judge Cardozo, the Court found the negligent or willful acts upon the person of a wife did not cease to be unlawful because the law exempted the husband from liability. Id. 98 S.W.2d at 646, citing Schubert v. Schubert Wagon Co., 249 N.Y. 253, 164 N.E. 42, (1928). However, the Mullally Court reasoned that indemnification by employee to employer would be based on breach of duty to the employer and not on the tort victim’s cause of action.

In Hamilton v. Fulkerson, 285 S.W.2d 642 (Mo.1955), the narrow statutory construction of Rogers was again circumvented to allow a wife to sue her husband for injuries sustained by his negligent operation of an automobile before their marriage. There the Court construed a Married Women’s Act provision making rights of action possessed by a woman at marriage separate property as an abrogation of the unity doctrine for antenuptial torts. Section 451.250.1, RSMo 1978. “Irrespective of statutes, any common law rule based on the fiction of the identity of husband and wife, long since contrary to the fact, should not be applied to any ‘first [649]*649impression’ fact situation arising in this state.” 285 S.W.2d at 645.

The unity fiction was also found inapplicable where a wife sought to sue the administrator of her deceased husband’s estate for the negligent acts of her husband during their marriage. Ennis v. Truhitte, 306 S.W.2d 549 (Mo. banc 1957) (overruled in Ebel v. Ferguson, 478 S.W.2d 334, 336 (Mo. banc 1972)).

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Bluebook (online)
708 S.W.2d 646, 1986 Mo. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/townsend-v-townsend-mo-1986.