Slander, malpractice, service provider liability, evidence

Esther Bird and Kenneth Wetcher appeal a lower court's decision that reversed an remanded a trial court's ruling of a civil issue. Bird, a psychologist, and Wetcher, her employer, were sued by a man who had been accused of sexually abusing his son. Bird interviewed the alleged victim as part of a criminal investigation. She filed an affidavit with the court stating her belief that the farther had abused his son. The charges against the father eventually were dropped, and he later filed suit.

The trial court entered summary judgment in favor of Bird and Wetcher. The court said they had no duty to third parties involved in civil or criminal investigations. On appeal to the Texas Court of Appeals, the finding is reversed and the case is remanded for trial.

Bird wins. The Texas Supreme Court reversed the appellate court decision and rendered judgment in favor of Bird.