Fragassi v. Neiburger

Plaintiff, Teresa Fragassi, appeals the circuit court’s dismissal of her complaint against defendant, Ellis J. Neiburger. Plaintiff alleged that defendant discharged her in retaliation for her complaints about safety procedures in defendant’s dental practice. The circuit court held that plaintiff’s cause of action was preempted by provisions of the Occupational Safety and Health Act (OSHA) (29 U.S.C. § 651 et seq. (1988)). Plaintiff contends that the court erred in finding that Federal law preempts her State-law retaliatory discharge action.

Plaintiff’s complaint alleges that defendant…