BEAUCHAMP V. DOW CHEMICAL CO. 427 Mich. 1, 398 N.W.2d 882 (1986) CASE BRIEF

BEAUCHAMP V. DOW CHEMICAL CO.

427 Mich. 1, 398 N.W.2d 882 (1986)

NATURE OF THE CASE: This is a personal injury action under the Workers' Disability Compensation Act. Dow (D) appealed a decision of the Court of Appeals which allowed Beauchamp (P) to proceed to trial on claims of intentional infliction of emotional distress and breach of contract against D despite the compensation act.

FACTS: Beauchamp (P) worked for Dow Chemical Co. (D) for two years as a research chemist. P applied for workers' compensation benefits, claiming that exposure to 'agent orange' caused impairment of normal bodily functions. P and his wife then filed a civil action against D, claiming that P had been physically and mentally affected by exposure to 'Agent Orange' and that D intentionally misrepresented and fraudulently concealed the potential danger. D claimed intentional infliction of emotional distress and assault. The circuit court granted summary judgment for D on the basis that the complaint failed to state a claim on which relief could be granted. The circuit court granted summary judgment for D on all four counts. The Court of Appeals reversed holding that an allegation of a 'true' intentional tort is not within the exclusive remedy provision of the Workers' Disability Compensation Act. It remanded the cause for trial on the intentional infliction of emotional distress count. The Court of Appeals also reversed and remanded for trial on the breach of contract claim, stating that a contract claim was not barred by the exclusive remedy provision of the act. The Court of Appeals affirmed the dismissal by the circuit court of the other two tort counts. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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