Source or Prior Law:

23-203.

Law Review and Bar Journal References:

Interspousal immunity, David K. Fromme, 3 W.L.J. 111, 113 (1963).

Antenuptial torts, Peter K. Curran, 14 K.L.R. 124 (1965).

"Loss of Consortium—The Wife's Action," Jerry K. Levy, 5 W.L.J. 112, 121 (1965).

Interspousal immunity to personal tort, Larry A. Withers, 6 W.L.J. 199, 200, 203, 204 (1966).

"Torts—Interspousal Immunity in Kansas: A Vestige of a Bygone Era—Guffy v. Guffy," Catherine Hauber, 30 K.L.R. 611, 613, 614, 616, 619 (1982).

Attorney General's Opinions:

Parimutuel commissioner's spouse is not prohibited from owning a horse entered in Kansas races. 92-75.

CASE ANNOTATIONS

1. Married woman may sue separately and in her own name. Crowell v. Ward, 16 Kan. 60, 61; Munger v. Baldridge, 41 Kan. 236, 241, 21 P. 159. Questioned: Nagle v. Tieperman, 74 Kan. 32, 42, 85 P. 941, 88 P. 969.

2. One spouse may not maintain tort action for damages against the other. Sink v. Sink, 172 Kan. 217, 218, 239 P.2d 933.

3. Wife cannot maintain action for loss of consortium of husband due to injury to husband. Criqui v. Blaw-Knox Company, 208 F. Supp. 605, 606, 607.

4. Enactment of statute did not give wife cause of action she did not have at common law. Hoffman v. Dautel, 192 Kan. 406, 419, 388 P.2d 615.

5. Mentioned; plaintiff may, after becoming wife of defendant, continue action against husband for alleged tortious act. O'Grady v. Potts, 193 Kan. 644, 647, 649, 396 P.2d 285.

6. Rule that neither spouse may maintain an action in tort for damages against the other not in violation of this section. Fisher v. Toler, 194 Kan. 701, 702, 401 P.2d 1012.

7. Wife has no cause of action for loss of consortium from injury to husband by third party; K.S.A. 23-203 and 23-205 modify common law. Criqui v. Blaw-Knox Corporation, 318 F.2d 811, 813, 814.

8. Disability of infancy in respect to running of statute of limitations not affected by person's marriage after cause of action arises and before reaching 21. Edmonds v. Union Pacific Railroad Company, 294 F. Supp. 1311, 1312, 1313.

9. Cited in holding one spouse may not sue the other for torts occurring during marriage. Guffy v. Guffy, 230 Kan. 89, 91, 103, 107, 631 P.2d 646 (1982).

10. Spouse may maintain action against the other for tortious personal injury occurring during the marriage. Flagg v. Loy, 241 Kan. 216, 218, 219, 734 P.2d 1183 (1987).