Facts: Petitioner Clifford Freehe filed suit against his wife, respondent Hazel Freehe, in the Superior Court for Pierce County after he was injured in an accident, alleging his wife was negligent in failing to maintain their tractor and in failing to warn him of the tractor’s unsafe condition. The trial court granted summary judgment to Hazel Freehe on the basis of the common law doctrine of interspousal tort immunity. Clifford Freehe appealed this decision to the Supreme Court of Washington.

Question(s): Should the common law doctrine of interspousal tort immunity be maintained in the state of Washington?

Conclusion: Justice Neill’s opinion for a unanimous Court ruled that societal changes that had occurred since the Court adopted the doctrine of interspousal immunity had rendered the reasons for its adoption less compelling. In particular, the Court held that advances in the legal and social status of women weakened the notion of the legal unity of husband and wife that served as the basis of the doctrine and that the doctrine was by itself insufficient to guarantee domestic peace and tranquility if that peace and tranquility was broken by a dispute sufficiently serious to give rise to legal action. As courts were capable of fashioning relief in such cases in a manner that would negate potential incentives for collusive lawsuits, the Court concluded that no purpose was served by maintaining the doctrine and therefore remanded the case to the trial court.

Docket No. 42187

Petitioner: Clifford Freehe

(Counsel: Charles E. Robbins)

Respondent: Hazel Freehe

(Counsel: Thomas J. Collins)

Decided: Thursday, August 31st, 1972

Prevailing Party: Clifford Freehe (Petitioner)

Vote: 9-0

Opinion: 81 Wn.2d 183 (1972)

Court: Hamilton3 Court (1971-1972)

Hamilton

Finley

Rosellini

Hunter

Hale

Neill

Stafford

Wright

Utter