Neither husband nor wife is liable for tortious acts by one against the other.
Yellow Cab Co. of D.C., Inc. v. Dreslin
Dreslin was in auto accident with Dreslin's taxi. Dreslin's wife and others were injured in the crash. Dreslin, his wife, and the passengers sued defendant. Defendant pled contributory negligence and cross-claimed defendant for their damages and for his contribution for any sums recovered by other parties.
The jury's verdict established that the crash was caused by Dreslin and defendant's concurrent negligence. Accordingly, judgments were entered for all other plaintiffs, while a declaratory judgment was entered allowing the defendant contribution against Dreslin, except for Mrs. Dreslin. Mrs. Dreslin's was withheld because Dreslin was not liable in tort to his wife.
Can a person be liable in tort against his spouse?
Note:This is no longer a rule.
Contribution arises out of a common liability. As Dreslin was not liable to his wife, no contribution could arise from such a joint liability.
: Non-immune tortfeasors cannot collect contribution from immune tortfeasors.