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

In July of 1983, Kimberly Parmenter (W), was injured when a motorcycle on which she was riding collided with a truck. The motorcycle was driven by Duane Price (H). Six months after the accident, H and W were married. In July of 1983, Kimberly Parmenter (W), was injured when a motorcycle on which she was riding collided with a truck. The motorcycle was driven by Duane Price (H). Six months after the accident, H and W were married. After marriage, W brought this action seeking recovery from H and from the driver of the truck. The trial court granted summary judgment for H based on the doctrine of spousal immunity. W appealed an affirmation of the summary judgment by the court of appeals.

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