FREEHE V. FREEHE
Sup. Ct. of Wash., 81 Wash.2d 183, 500 P.2d 771 (1972)
NATURE OF THE CASE: Clifford Freehe (P) appealed a grant of summary judgment for Hazel
Freehe (D) on a theory of interspousal tort immunity in a personal injury negligence action.
FACTS: P seeks compensation for personal injuries allegedly sustained due to D's
negligent maintenance of a tractor and failure to warn P of the tractor's unsafe condition.
D is the wife of P, thus bringing into issue the doctrine of interspousal tort immunity. The
farm on which the accident took place is the separate property of D, doing business under
the name of Hazel Knoblauch. The tractor involved in this accident, together with all other
assets and income of the farm, were and remain the separate property of D. The business of
the farm is carried on separately from any community business of the parties. P has no
interest in the farming operation. Neither was P employed by D. Washington state is a
community property state. P sued D for negligence. D made a motion for summary judgment
based on interspousal tort immunity. The trial court granted D's motion and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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