Whelan v. Albertson's, Inc.

Plaintiff appeals a judgment granted pursuant to ORCP 21A(8) dismissing his claims for intentional infliction of emotional distress, interference with contractual relations, battery, civil intimidation and negligence. We affirm in part and reverse in part.

We take as true the facts alleged in the complaint. Plaintiff was a security guard employed by American Protective Services (APS). APS assigned plaintiff to work for an Albertson’s store owned by defendant Albertson’s, Inc. (Albertson’s). Plaintiff, who was unarmed, was required to discourage drug dealing in the parking lot and to eject…