Law Lessons from Miller v. Miller, App. Div. (A-2605-07T1; Decided April 28, 2009):
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“[T]ortious conduct generally encompassing not only conventional negligence but also intentional acts, as well as other forms of excessive behavior such as gross negligence, recklessness, wantonness, and the like,” are excepted from interspousal immunity. Tevis v. Tevis, 79 N.J. 422, 426 (1979). Thus, some non-economic marital fault may be compensated in appropriate cases. Id. at 434.
Here, although plaintiff testified to several acts of abuse by defendant during the marriage, she produced no medical proof explaining her injuries or establishing the cause thereof. As the judge noted, her documented injuries could have resulted from plaintiff’s myriad health problems. Thus, absent the requisite medical proof as to the nature, origin and cause of plaintiff’s injuries, the dismissal of her Tevis claim was proper.
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