Heino v. Harper

Oregon Supreme Court

759 P.2d 253 (Or. 1988)

Spouses are liable for negligent torts committed against each other.

Relevant Facts

Dorothy Heino (the plaintiff) was riding as a passenger in a car driven by her husband, Arno Heino (the defendant). At an intersection, the defendant turned left into an oncoming car driven by Roy Harper, causing a head-on collision. The plaintiff sued both the defendant and Roy Harper for her injuries, alleging that the defendant had driven the car negligently. The defendant moved to dismiss the plaintiff’s suit, arguing that he was immune from tort liability under the doctrine of interspousal immunity.

The trial court granted the defendant’s motion and entered a judgment in favor of the defendant. The plaintiff appealed, and the court of appeals affirmed. The plaintiff then appealed to the Oregon Supreme Court.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 20, 2020

Judicial Opinion

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Procedural History

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Citations

759 P.2d 253 (Or. 1988)