Burns v. Burns – Domestic Violence
Burns v. Burns, 518 So.2d 1205 (Miss. 1988).
NATURE OF THE CASE: This case involved the defense of interspousal immunity for an alleged assault and battery by a husband against his wife.
FACTS: Betty Burns (P) sued her husband Erit Burns (D) in circuit court for personal injuries resulting from an alleged assault and battery. In oral argument before this Court, counsel for the parties revealed that Mr. Burns and Mrs. Burns have separated and have filed for divorce in chancery court. The Circuit Court of Alcorn dismissed the complaint on a motion for summary judgment on the pleadings by D, holding that it was barred under the doctrine of interspousal immunity.
ISSUE: Is interspousal tort immunity still valid law in Mississippi?
RULE OF LAW: No. Interspousal tort immunity is no longer valid law in Mississippi.
HOLDING AND DECISION (Parther): Interspousal tort immunity is an ancient common law doctrine founded on the theory of the legal unity of husband and wife. At common law there was no right of action either by husband or wife against the other for a personal tort and there was absolute equality in that respect. There was no occasion to emancipate the wife with reference to such torts because husband and wife were treated equally.
The forty-four states that have rejected this doctrine recognize that reasons for the common law rule no longer exist as a matter of public policy. The three reasons traditionally assigned as justification for the doctrine of interspousal immunity are: (1) the legal unity of the husband and wife recognized at common law; (2) the promotion of peace and harmony in the home; and (3) the avoidance of fraudulent or collusive claims.
As a matter of public policy this rule no longer fits the reasoning and rationale of today’s mores as evidenced by the abrogation of the rule in whole or in part in 44 of the states.
DISPOSITION: Reversed and remanded.
DISSENT (Griffin): Here I know of no public clamor to allow one spouse to sue another in this type of action, and if it exists the legislature will take notice and debate it as a public issue. The legislature has had approximately sixty-four years to amend the statutes to permit such an action as this and to my knowledge no bill has even been introduced.