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0361 An action for emotional distress resulting from sexual contact between defendant psychotherapist and plaintiff's wife sounds in criminal conversation, which was abolished by statute in 1939, and is not sustainable as NIED or medical malpractice unless the nature of the relationship between defendant and plaintiff imposes upon defendant a duty to avoid inflicting mental distress on plaintiff or plaintiff was defendant's patient.CitationSMITH v PUST (Criminal Conversation) 19 CA4 263 [See: Richard H v Larry D 198 CA3 591]
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