# Zagaros v. Erickson

> Court of Appeals of Minnesota · February 4, 1997 · 558 N.W.2d 516

URL: https://www.frixlaw.com/law-library/cases/9530123

## Case

- **Full name:** Kathleen K. ZAGAROS, Appellant, v. Beth M. ERICKSON, Respondent, v. Charles M. CUTLER, Respondent
- **Court:** Court of Appeals of Minnesota
- **Decided:** February 4, 1997
- **Citations:** 558 N.W.2d 516; 1997 Minn. App. LEXIS 147; 1997 WL 40474
- **Precedential status:** Published
- **Opinion:** Concurrence by Davies
- **Judges:** Short, Randall, Davies
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9530123

## How later opinions describe it (automated extraction)

- 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
- holding psychologist has duty. to diagnose mental disease and to apply proper treatment
- noting Minnesota has declined to recognize cause of action for tortious breach of physician-patient relationship

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9530123. Public record. Not legal advice.