Attorneys Colleen H. Burke and Peter J. Tomasek recently obtained summary disposition in the United States District Court for the Eastern District of Michigan on behalf of their fast-food franchisor client. The plaintiff alleged that Burke and Tomasek’s client was liable for negligent hiring and inflicting emotional distress because of an altercation with the client’s employee. Burke and Tomasek argued that their client did not owe plaintiff an actionable duty and that the employee’s conduct did not meet the “extreme and outrageous” standard for purposes of the emotional-distress claim. The Court agreed and dismissed plaintiff’s claims before the close of discovery.
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