This section contains the nature of the case and procedural background.

W was riding as a passenger in an automobile driven by H. H turned left into the path of an oncoming automobile driven by Harper (D). W was injured in the collision. W filed a complaint against H for failing to keep a proper lookout, in failing to keep his automobile under proper control, and in failing to yield the right-of-way. H asserted the defense of interspousal immunity and filed a motion for summary judgment. The trial court entered final judgment in H's favor. The Court of Appeals affirmed. W appealed.

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