[DOWNLOAD] "Destefano V. Grabrian" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Destefano V. Grabrian
- Author : Colorado Supreme Court
- Release Date : January 17, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Plaintiff-petitioner Robert Destefano (Robert) and crossclaimant-petitioner Edna Destefano (Edna) sought review of the court of appeals decision which affirmed the dismissal of their claims against respondents Dennis Grabrian (Grabrian), a Catholic priest, and the Diocese of Colorado Springs (diocese), and granted summary judgment. Destafano v. Grabrian, 729 P.2d 1018 (Colo. App. 1986) (Sternberg, J., dissenting). We granted certiorari on two issues: (1) whether section 13-20-202, 6A C.R.S. (1987) (heart balm statute), bars an action against a person who assumes the role of marriage counselor when the counseling relationship results in consensual sexual relations between a counselor and a counselee; and (2) whether the free exercise clause of the first amendment to the United States Constitution prohibits tort liability for conduct which arose in the context of a counseling relationship between a clergyman and members of his congregation. The court of appeals reached the right result in affirming the dismissal of Edna's fifth crossclaim and Robert's first and second claims for relief. Based upon the record, the defendants' motions should not been considered to be motions for summary judgment. Accordingly, we affirm the result in part, reverse in part, and return the case to the court of appeals with directions to remand to the trial court for further proceedings consistent with this opinion.