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Midwest Aluminum Mfg. Co. v. General Elec. Co.

ELR Citation: 23 ELR 20299
Nos. No. 4:90-CV-143, (W.D. Mich., 08/04/1992)

The court holds, applying Michigan law, that a former employee of a company that was forced to shut down due to the cleanup and remediation costs of environmental contamination at its business site, which was alleged to have come from an adjoining manufacturing plant, has failed to allege all the required elements of the intentional tort of interference with prospective economic advantage. The employee alleged that the adjoining plant tortiously interfered with his prospective business expectancies, such as income, salary, and insurance benefits, by polluting the business site and by failing to remediate the contaminated area promptly. The court holds that there is nothing in the complaint that directly or inferentially alleges that the adjoining plant, in releasing hazardous substances which polluted the neighboring property, acted in an intentional and improper manner to advance its purpose of invading the employee's prospective business expectancies.

Counsel for Plaintiffs
Michael D. Schlack
Howard & Howard
The Kalamazoo Bldg.
107 W. Michigan Ave., Ste. 400, Kalamazoo MI 49007
(616) 382-1483

Counsel for Defendants
Christopher R. Genther
Smith & Haughey
200 Calder Plaza Bldg.
250 Monroe Ave., Grand Rapids MI 49503
(616) 774-8000