Zamstein v. Marvasti
Connecticut Supreme Court
692 A.2d 781 (1997)
- Written by Deanna Curl, JD
Facts
In November 1988, Mrs. Zamstein filed for divorce from her husband, Mr. Zamstein (plaintiff). While the divorce petition was pending, Mrs. Zamstein accused Mr. Zamstein of sexually abusing their two children. Mr. Zamstein was arrested for the alleged sexual abuse in September 1989. Shortly thereafter, Mrs. Zamstein retained Dr. Marvasti (defendant), a psychiatrist, to conduct a sexual-abuse evaluation of the children. In March 1990, Marvasti gave an edited videotape of his sessions with the children to the state’s attorney’s office. In January 1991, the Zamsteins’ divorce was finalized and the court awarded joint custody to Mr. and Mrs. Zamstein. Mr. Zamstein was tried in 1991 for the alleged sexual abuse of the children, and Dr. Marvasti testified for the state during the trial. Mr. Zamstein was ultimately acquitted of the charges, and subsequently filed a lawsuit against Dr. Marvasti alleging negligence in Dr. Marvasti’s production of the edited videotape that was used in Mr. Zamstein’s prosecution. The trial court struck Mr. Zamstein’s negligence claims from his petition, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Borden, J.)
Dissent (Berdon, J.)
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