This section contains the nature of the case and procedural background.

P and his wife sought the counsel of D, a licensed psychologist, for the purpose of preserving and improving their marital relationship. D conducted individual sessions with Mrs. Torres, and P alleges that D commenced a romantic relationship with Mrs. Torres, engaging in 'improper affectionate conduct' and 'repeated sexual intercourse' with her, which culminated in the dissolution of the Torres' marriage. In therapy sessions D consistently advised P to be distant from his wife, not to engage in intimate and/or sexual contact with her, and ultimately to separate from her. P sued D for professional negligence and intentional infliction of emotional distress. P alleged that as a result of his psychologist-patient relationship D knew that P was particularly sensitive emotionally. P set forth numerous injuries, both emotional and physical, and damages allegedly sustained as a result of D's conduct. The court dismissed the complaint and P appealed. This court issued a writ of certiorari before the intermediate court ruled on the case.

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