## Facts

- Gerald P. Darrow drove an automobile in Hanover Township on April 13, 1967; the vehicle struck a tree alleged to have projected into the roadway without warning.
- Gerald and his wife, Herma Darrow (a passenger), were injured.
- The Darrows sued Hanover Township and Morris County for negligent failure to warn and negligent maintenance of the roadway; plaintiffs dismissed Morris County before trial.
- The complaint was filed April 14, 1969 (April 13, 1969 fell on a Sunday).
- While the case was pending, New Jersey abolished interspousal immunity in automobile negligence actions.
- After that change, Hanover Township obtained leave to assert a counterclaim seeking contribution from Gerald as an alleged joint tortfeasor for Herma’s injuries.
- Gerald moved for summary judgment dismissing the contribution counterclaim, asserting interspousal immunity as a bar.

## Issues

1. Whether the abolition of interspousal immunity in automobile negligence actions applies retroactively to accidents occurring before the change, permitting a pending contribution claim against a spouse-driver.

## Decision

- The Supreme Court of New Jersey affirmed the denial of Gerald Darrow’s summary judgment motion.
- The Court held the abrogation of interspousal immunity in automobile negligence actions applies retroactively to pre-decision accidents in cases not already finally adjudicated.
- Because the underlying immunity no longer barred interspousal negligence liability, it could not be used to defeat Hanover Township’s contribution counterclaim in this pending action.

## Legal Principles

- Courts may apply new decisional rules prospectively, retroactively, or in a limited-retroactivity manner; neither the state nor federal constitution dictates a single default approach.
- Retroactivity is determined by balancing: (1) the purpose of the new rule, (2) reliance on the old rule, and (3) the effect on the administration of justice.
- Abolition of interspousal immunity in automobile negligence actions applies to pending matters arising from pre-decision accidents, subject to ordinary limits such as final judgments and applicable limitations defenses.
- When interspousal immunity is removed, contribution may be pursued against a spouse alleged to be a joint tortfeasor for the other spouse’s injuries in a non-final, timely action.

## Conclusion

The court held that the elimination of interspousal immunity in automobile negligence cases applies retroactively to pending, non-final litigation, allowing a municipality to seek contribution from a husband-driver for injuries suffered by his wife in a pre-decision accident.


Darrow v. Hanover Twp., 58 N.J. 410, 278 A.2d 200 (1971)