Menczer v. Menczer
| Decision Date | 24 March 1971 |
| Citation | 160 Conn. 563,280 A.2d 875 |
| Court | Connecticut Supreme Court |
| Parties | Norma B. MENCZER v. Leonard F. MENCZER. |
Arnold M. Schwolsky, Unionville, with whom, on the brief, was John A. O'Reilly, Jr., Unionville, for appellant (plaintiff).
Frank E. Dully, Hartford, for appellee (defendant).
Before ALCORN, C. J., and HOUSE, THIM, RYAN and SHAPIRO, JJ.
This is a negligence action brought by the plaintiff Norma B. Menczer against her husband, the defendant Leonard F. Menczer, in which she seeks to recver damages for personal injuries arising out of a collision between a car owned and operated by the defendant in which she was a passenger and another motor vehicle. The action brought by the plaintiff's son, William Menczer, a passenger in the defendant's car, was withdrawn. Both parties are domiciled in Connecticut. The accident took place in the state of Massachusetts. The defendant demurred to the complaint on the ground that under the law of Massachusetts interspousal suits are not authorized, and since the injury occurred in that state the law of Massachusetts is controlling. The trial court sustained the demurrer and from the judgment rendered for the defendant the plaintiff has appealed to this court.
The plaintiff urges that we should once more examine our decisions wherein the rule is laid down that the substantive internal law of the situs of a tort determines the capacity to sue as it may be affected by the marriage relationship. Landers v. Landers, 153 Conn. 303, 216 A.2d 183; Wolozin v. Wolozin, 149 Conn. 739, 182 A. 2d 8; Bissonnette v. Bissonnette, 145 Conn. 733, 142 A.2d 527; Bohenek v. Niedzwiecki, 142 Conn. 278, 282, 113 A.2d 509. This rule was reexamined and approved as recently as 1969 in St. Pierre v. St. Pierre, 158 Conn. 620, 262 A.2d 185.
The plaintiff has called to our attention Public Act No. 623 of the 1969 session of the General Assembly, now § 52-572d of the General Statutes, which provides as follows: The plaintiff does not claim that the 1969. The plaintiff does not claim that the statute applies...
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...law of the place of injury, or lex loci delicti. Gibson v. Fullin, [172 Conn. 407, 411, 374 A.2d 1061 (1977) ]; Menczer v. Menczer, 160 Conn. 563, 564-65, 280 A.2d 875 (1971); Landers v. Landers, 153 Conn. 303, 304, 216 A.2d 183 (1966); Orr v. Ahern, 107 Conn. 174, 176, 139 A. 691 (1928)." ......
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