Haumschild v. Continental Cas. Co.
Supreme Court of Wisconsin
95 N.W.2d 814 (1959)
Relevant factsFree
Mr. and Mrs. Haumschild (defendant/plaintiff), both domiciled in Wisconsin, were involved in a car accident while in California. After divorcing, Mrs. Haumschild sued her ex-husband and his insurer, Continental Casualty Co. (defendant), in Wisconsin court for her accident injuries. Applying California law, which barred interspousal tort suits, the trial court dismissed her claim, even though Wisconsin law, unlike California's, permitted spouses to sue each other.
IssueFree
Whether, in a conflict-of-laws situation, interspousal tort immunity should be governed by the law of the place where the wrong occurred or the law of the couple's domicile.