FIGUEIREDO-TORRES V. NICKEL
84 A.2d 69 (1991)
NATURE OF THE CASE: Figueiredo (P) sought review of the dismissal of his professional
negligence and intentional infliction of emotional distress claims against Nickel (D) a
psychologist.
FACTS: P and his wife sought the counsel of D, a licensed psychologist, for the purpose
of preserving and improving their marital relationship. D conducted individual sessions with
Mrs. Torres, and P alleges that D commenced a romantic relationship with Mrs. Torres,
engaging in 'improper affectionate conduct' and 'repeated sexual intercourse' with her,
which culminated in the dissolution of the Torres' marriage. In therapy sessions D
consistently advised P to be distant from his wife, not to engage in intimate and/or sexual
contact with her, and ultimately to separate from her. P sued D for professional negligence
and intentional infliction of emotional distress. P alleged that, as a result of his
psychologist-patient relationship D knew that P was particularly sensitive emotionally. P
set forth numerous injuries, both emotional and physical, and damages allegedly sustained as
a result of D's conduct. The court dismissed the complaint and P appealed. This court issued
a writ of certiorari before the intermediate court ruled on the case.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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