ANDREW MILLER V TENNECO AUTOMOTIVE INC
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STATE OF MICHIGAN
COURT OF APPEALS
ANDREW MILLER and BARBARA MILLER,
UNPUBLISHED
December 28, 1999
Plaintiffs-Appellants,
v
TENNECO AUTOMOTIVE, INC., a/k/a
TENNESSEE GAS PIPELINE, d/b/a WALKER
MANUFACTURING COMPANY, and JOHN
ULERY,
No. 213482
Hillsdale Circuit Court
LC No. 96-026317 CZ
Defendants-Appellees.
Before: McDonald, P.J., and Neff and Smolenski, JJ.
SMOLENSKI, J. (concurring in part and dissenting in part).
I concur in the majority’s decision in all respects except that I would affirm the trial court’s
order dismissing plaintiffs’ claim of intentional infliction of emotional distress. In my opinion, defendants’
actions were not the type of extreme and outrageous conduct sufficient to create liability under a theory
of intentional infliction of emotional distress.
/s/ Michael R. Smolenski
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