Opinion

Zagaros v. Erickson

  • 558 N.W.2d 516
  • 1997 Minn. App. LEXIS 147
  • 1997 WL 40474
Court
Court of Appeals of Minnesota
Filed
Feb 4, 1997
Status
Published
Author
Davies
On the bench
Short, Randall, Davies
Cited by
14 cases

applying witness immunity where the negligence claim was so intertwined with defamatory statements that the court did not expect the jury to distinguish between the two

How later courts described this case

  • applying witness immunity where the negligence claim was so intertwined with defamatory statements that the court did not expect the jury to distinguish between the two
  • cause of action for negligent testimony and defamation are “so intertwined ... that it would be unfair, and probably impossible, to expect a jury to distinguish between the two”; psycholo gist held to be absolutely immune for trial testimony regarding possible misdiagnosis of one of the parties
  • holding psychologist has duty. to diagnose mental disease and to apply proper treatment
  • dismissing a negligence claim pursuant to an immunity defense available for defamation where the claim “is essentially relabeling a defamation claim”

Written by the judges who cited it.

The opinion

DAVIES, Judge

(concurring specially).

I write separately because I would reach the issue of judicial immunity for respondent Charles M. Cutler.

In my view, the district court in effect delegated selection of the custody evaluator to the parties, at their request. The parties then jointly chose Cutler (notwithstanding that the father deferred to the selection made by appellant Zagaros). In this fact situation, Cutler comes to court with the same judicial immunity that he would enjoy had the district court appointed him directly.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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