disciplined, sanctioned, or counseled a church member would insert the State into church matters in a fashion wholly forbidden by the Free Exercise Clause of the First Amendment. [¶ 29] The Superior Court did not err in dismissing that portion of Bryan’s complaint asserting a claim of intentional infliction of emotional distress against the church and its elders. D. Negligent Infliction of Emotional Distress [¶ 30] Although it is no longer necessary for a plaintiff to plead or prove the existence of a separate tort in order to assert a claim for negligent infliction of emotional distress, a plaintiff must nonetheless demonstrate that the defendant owed him a duty of care and must prove the breach of that duty of care by the defendant. See Devine v. Roche Biomed. Lab 82, 1285 (Me.1987) (<HOLDING>); Rowe v. Bennett, 514 A.2d 802, 806-07
holding that relationship between executor and estates beneficiaries is one that gives rise to fiduciary duty as matter of law holding that a hospitals relationship to the family of deceased gives rise to a duty to avoid emotional harm from handling of remains holding that the unique nature of psychotherapistpatient relationship gives rise to a duty of care to the patient holding that a physicianpatient relationship gives rise to a duty to avoid emotional harm from failure to provide critical information to patient recognizing that the nature of the therapistpatient relationship gives rise to a duty  to refrain from  causing emotional or mental harm to the patient