Madani v. Kendall Ford, Inc. , 102 Or. App. 478 ( 1990 )

DEITS, J.

Plaintiff appeals a judgment for defendants in his action for wrongful discharge, intentional infliction of emotional distress and breach of contract. He assigns as errors the court’s dismissal of his claims for wrongful discharge and intentional infliction of emotional distress for failure to state claims, ORCP 21A(8), and its granting of a directed verdict for Kendall Ford¹ on his claim for breach of contract. We affirm in part, reverse in part and remand.

The facts are set out in Judge Newman’s concurring and dissenting opinion. We reverse and remand the dismissal of the intentional infliction of emotional distress claim and the directed verdict on the breach of contract claim for the reasons set out in that opinion.

For the reasons stated in Judge Richardson’s concurrence, we affirm the dismissal of plaintiff s wrongful discharge claim.

Reversed and remanded on claims for intentional infliction of emotional distress and breach of contract; otherwise affirmed.

1 The court also granted a motion to dismiss plaintiffs breach of contract claim against defendant David. Plaintiff does not assign error to that ruling.