F.G. v. Macdonell

696 A.2d 697 (1997)

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Nature of the Case

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Facts

In 1992, MacDonell (D) was the rector at both All Saints and an affiliated church, St. Luke's Episcopal Church. Harper (D) was the assistant rector at both churches in 1993. In January 1994, following MacDonell's (D) retirement, Harper (D) succeeded MacDonell as rector. P was a parishioner at All Saints in 1992-93. P consulted MacDonell (D) for counseling. MacDonell (D) induced her to engage in a sexual relationship with him. P seeks recovery for clergy malpractice. She alleges that MacDonell (D) owed her 'a special duty of care not to engage in unethical and harmful behavior towards her.' P seeks recovery for negligent infliction of emotional distress. P alleges MacDonell (D) owed her a strict fiduciary duty to act in good faith and in her best interests and to refrain from conduct that carried the risk of harm. P also alleges that on March 31, 1994, she met with Harper (D) to discuss MacDonell's (D) 'inappropriate physical conduct' with her and 'the possibility of notifying the parishes of All Saints and St. Lukes' about that contact. Harper (D) knew that P had been receiving inpatient care at a psychiatric hospital and that she had tried to commit suicide five days before the meeting. P alleges that Harper (D) owed her a duty of care 'not to publish any identifying information, including her identity and the nature and extent of defendant MacDonell's (D) inappropriate sexual behavior with her, to the members of the parishes. P alleges that Harper (D) owed her a duty of care 'not to publish any identifying information, including her identity and the nature and extent of defendant MacDonell's (D) inappropriate sexual behavior with her, to the members of the parishes of [All Saints and St. Lukes].' On April 14, 1994, in breach of that duty and without F.G.'s consent, Harper (D) had published an open letter to the parishioners of the two churches. In his April 17 sermon at St. Luke's, Harper (D) identified P and described some details of MacDonell's (D) inappropriate sexual behavior. P alleges that Harper's (D) conduct constituted a breach of privacy. The court dismissed those counts which respectively allege negligent pastoral counseling, negligent infliction of emotional distress, and breach of fiduciary duty by MacDonell (D), as well as breach of fiduciary duty by Harper (D). The Appellate Division reversed and remanded. Ds appealed.