Sunday, November 10, 2013

Homer v. Long case brief

Homer v. Long case brief summary
599 A.2d 1193 (1992)

Plaintiff former husband brought an action alleging breach of contract and tort claims, including negligence and intentional infliction of emotional distress, resulting from a sexual relationship between defendant psychiatrist and the former husband's wife while the wife was a patient of the psychiatrist. The former husband appealed the judgment of the Circuit Court for Howard County (Maryland), which dismissed the tort claims.

The former husband contended that he was wrongfully lulled into believing that the psychiatrist was providing his wife with psychiatric counseling, while in fact the psychiatrist engaged in a scheme to gain sexual access to the wife and to destroy the former husband's marriage.

  • On appeal, the court held that the circuit court properly dismissed the former husband's claims. 
  • Specifically, the court found:
  • (1) the negligence claim was not established because the psychiatrist's professional duty ran to the patient and not to the patient's spouse, 
  • (2) the claims of negligent misrepresentation, fraud, and negligence were not established because the damages sought by the former husband related to the adultery and breakup of his marriage rather than from any personal injury inflicted on the former husband, and 
  • (3) the claim of intentional infliction of emotional distress had no basis because the former husband was not present when the psychiatrist allegedly seduced his wife, and the former husband did not learn of the alleged sexual relationship until months after it had begun.


The court affirmed the circuit court's judgment dismissing the former husband's claims against the psychiatrist.

Suggested Study Aids For Tort Law

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