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Woolner v. Allegan County9/27/2005
iefly touched plaintiff, with no clear indication that they were intended to be offensive or even intended at all. The incidents did not involve any sexual remarks, or more offensive conduct such as squeezing, groping, or fondling. In Meek v Michigan Bell Telephone Co, 193 Mich App 340, 346; 483 NW2d 407 (1991), the plaintiff's supervisor and co-workers ridiculed her weight and appearance, referred to her as a "Jewish-American princess," and asked her whom she had slept with to get her job. We found this insufficient to support a claim for intentional infliction of emotional distress. Id. In Trudeau v Fisher Body Div, General Motors Corp, 168 Mich App 14, 20; 423 NW2d 592 (1988), we also found insufficient evidence of this tort where the plaintiff's supervisor told the plaintiff, "I'm 40 years old and I've never screwed a white woman. . . . I think it would feel kind of good." Deetz's alleged conduct is less egregious than the conduct in these cases, which carried overtones of malice, racial and religious hostility, and direct sexual propositioning. Breaking into plaintiff's personal email account and sharing her messages with Campbell is invasive, but far less so than a defendant secretly videotaping himself having sex with a plaintiff. See Lewis, supra at 197-198. It also lacks the breach of trust inherent in that case.
We need not address the alternative grounds for affirmance discussed in the cross-appeal.
Affirmed.
Michael R. Smolenski, William B. Murphy, Alton T. Davis.
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