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DEBRY v. GOATES

No. 981420-CA.

999 P.2d 582 (2000)

2000 Utah Ct. App. 58

Janice L. DEBRY, Plaintiff and Appellant, v. Delbert T. GOATES, M.D., Defendant and Appellee.

Court of Appeals of Utah.

March 9, 2000.

Attorney(s) appearing for the Case

Bel-Ami De Montreux, Montreux Freres, PC, Salt Lake City, for Appellant.

Mark L. McCarty and P. Keith Nelson, Richards, Brandt, Miller & Nelson, Salt Lake City, for Appellee.

Before JACKSON, Associate P.J., and BILLINGS, and ORME, JJ.

OPINION

BILLINGS, Judge:

¶1 Plaintiff Janice Debry appeals the trial court's grant of summary judgment in her malpractice claim in favor of defendant Dr. Delbert Goates. Debry argues that the court erred in determining she had no therapist-patient relationship with Dr. Goates, and that even if a relationship was established, she could not assert the privilege because her mental state was put at issue in the divorce proceeding. We reverse.

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