Swain v Mark Zarkin, et al.

Thursday June 11, 2020

Anthony Kostello and Melissa Mezin recently received a favorable ruling from the Court of Appeals, which affirmed the trial court’s grant of summary disposition in favor of their clients, a restaurant and its owner. The Court of Appeals reversed dismissal of claims against the co-defendant. The matter involved claims of intentional infliction of emotional distress, civil conspiracy, and premises liability against their clients in connection with allegations of alleged sexual assault and battery that took place at the defendant restaurant. The appellate court agreed that Plaintiff had not established a claim for civil conspiracy because the conduct alleged was not unlawful. The appellate court further agreed that the conduct alleged by the owner did not constitute extreme and outrageous behavior to set forth a prima facie claim for intentional infliction of emotional distress. The Court of Appeals opinion was featured in Michigan Lawyer’s Weekly:


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