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ETTA MILLER v. LEROY C. MILLER (12/14/79)

SUPERIOR COURT OF PENNSYLVANIA


December 14, 1979

ETTA MILLER, APPELLANT
v.
LEROY C. MILLER

No. 1274 October Term, 1979, Appeal from the Order of the Court of Common Pleas of Lehigh County, Civil Action-Law, No. 406 September Term, 1977.

Before Price, Watkins and Hoffman, JJ.

Per Curiam OPINION

Appellant contends that the doctrine of inter spousal immunity should not prevent her from suing her husband for personal injuries and property damage arising out of an automobile accident. We disagree and find our supreme Court's decision in the case of DiGirolamo v. Apanavage, 454 Pa. 557, 312 A.2d 382 (1973) to be dispositive of the instant appeal.

Accordingly, the order of the court of common pleas is affirmed.

19791214

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