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Graham v. Franco

Texas Supreme Court (1972) | 488 S.W.2d 390; 16 Tex. Sup. Ct. J. 62; 1972 Tex. LEXIS 242

4 min read

TL;DR: A wife sued for personal injuries from a car wreck where her husband was contributorily negligent. The court held her recovery for pain and suffering is her separate property, so her husband's negligence is not imputed to her to bar her claim.

Legal Significance: This case abrogated the Texas rule of imputed contributory negligence between spouses by recharacterizing personal injury awards for pain and suffering as separate property, allowing an innocent spouse to recover despite the other spouse's negligence.