Montoya v. Bebensee

In Montoya v. Bebensee, 761 P.2d 285 (Colo. App. 1988), plaintiff brought an action based on allegedly false reports made by a psychologist's associate to government officials that plaintiff, a divorced, non-custodial parent, had sexually abused his daughter. On appeal of the trial court's dismissal of the action based on a lack of duty, the Court reversed, holding that a mental health care provider owes a duty to any person, who is the subject of any public report or other adverse recommendation by that provider, to use due care in formulating any opinion upon which such a report or recommendation is based.