Opinion
Argued March 22, 1977.
July 21, 1977.
Trespass for personal injuries. Before FRANCIOSA, J. Order entered granting defendant's motion for summary judgment based on interspousal immunity. Plaintiff appealed. Appeal, No. 2327, Oct. T., 1976, from Court of Common Pleas of Northampton County, Aug. T., 1975, No. 245. Argued March 22, 1977.
Gary Neil Asteak, with him Charles H. Spaziani, for appellant.
Donald L. Van Gilder, with him Richard F. Stevens, for appellee.
Order affirmed.
HOFFMAN, J., concurs in the order of the Court, but believes that the doctrine of spousal immunity is anachronistic and serves no useful purpose. The modern view is to eliminate the doctrine. Pennsylvania should join the increasing majority of jurisdictions abrogating it. See DiGirolamo v. Apanavage, 454 Pa. 557, 312 A.2d 382 (1973) (Dissenting Opinion by ROBERTS, J.); Kelso v. Mielcarek, 226 Pa. Super. 476, 313 A.2d 324 (1973) (Concurring Opinion by HOFFMAN, J.).