Jenkins v. DeTucci

668 N.E.2d 1345, 41 Mass. App. Ct. 176, 1996 Mass. App. LEXIS 779
CourtMassachusetts Appeals Court
DecidedAugust 21, 1996
DocketNo. 95-P-1541
StatusPublished
Cited by4 cases

This text of 668 N.E.2d 1345 (Jenkins v. DeTucci) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jenkins v. DeTucci, 668 N.E.2d 1345, 41 Mass. App. Ct. 176, 1996 Mass. App. LEXIS 779 (Mass. Ct. App. 1996).

Opinion

Smith, J.

The plaintiff, Margaret Jenkins, brought an action in the Superior Court against Richard DeTucci and Richard O’Meara claiming interference with her contractual relations with her employer, Nauset Workshop, Inc. (Nau-set).2

The matter was tried before a Superior Court jury. In [177]*177answer to special questions, the jury found that the plaintiff had a contract with her employer; that the contract of employment was permanent; and that both defendants had intentionally and improperly interfered with the plaintiff’s contract, causing her termination by Nauset. The jury awarded the plaintiff $300,000 for economic damages and $200,000 for emotional distress.

At the close of the plaintiff’s case, the defendants filed a motion for a directed verdict, which was denied. The motion was renewed at the close of all the evidence and again was denied. After the verdicts, the defendants filed a motion for a judgment notwithstanding the verdict or, in the alternative, a motion for a new trial. The motion was denied, and the defendants claim error. The defendants also contend that the evidence was insufficient to defeat their common law immunity.

The standard for reviewing a motion for judgment notwithstanding the verdict which challenges the sufficiency of the plaintiff’s evidence “is whether ‘the evidence, construed against the moving party, justifies] a verdict against him.’ ” Bonin v. Chestnut Hill Towers Realty Corp., 392 Mass. 58, 59 (1984), quoting from D’Annolfo v. Stoneham Hous. Auth., 375 Mass. 650, 657 (1978). In reviewing the sufficiency of the evidence, we look to see “whether ‘anywhere in the evidence, from whatever source derived, any combination of circumstances could be found from which a reasonable inference could be drawn in favor of the plaintiff.’ ” Poirier v. Plymouth, 374 Mass. 206, 212 (1978), quoting from Raunela v. Hertz Corp., 361 Mass. 341, 343 (1972). Using the above standard, we summarize the facts and draw reasonable inferences therefrom.

On August 15, 1982, Jenkins was hired by Nauset to be its executive director. Nauset is an independent, nonprofit corporation that provides services to individuals with disabilities and mentally retarded individuals in the Cape Cod and Islands (Cape) region. Nauset had the only sheltered employment program on the Cape. In such a program, clients perform various tasks in a workshop setting. Nauset had a workshop located in Eastham and, in the mid-1980’s, had built another facility in Hyannis.

Nauset received its funding from several sources, including the Department of Mental Retardation (DMR) and the [178]*178Department of Mental Health. The largest source of its funding was through its contract with DMR. When Jenkins left Nauset in 1989, DMR was providing Nauset with $750,000 to $800,000 of Nauset’s total funding of $1,400,000.

In November, 1987, the defendant Richard O’Meara was appointed by DMR to be its Southeastern Regional Director. In that position, O’Meara became the awarding authority for all contracts and services in the Cape region. In 1988, the defendant Richard DeTucci became the director of the Cape region for DMR. DeTucci was responsible for negotiating contracts with providers, planning and redirecting the programs benefiting the mentally retarded in the Cape region, and overseeing their implementation. O’Meara was DeTucci’s supervisor.

The area directors of DMR were responsible for overseeing contracts under the supervision of the regional offices. If a contractor, such as Nauset, was not performing adequately, the area director was expected to take affirmative action to make sure that the clients’ health and well-being were protected. If a director decided that, in order to accomplish that end, a contract should not be renewed, it was within his authority to deny renewal. It also was within the authority and discretion of the area director to tiy to work out problems with providers.

In 1988, the trend in regard to programs for clients was turning from sheltered workshop programs, which Nauset provided, to supported employment programs. Those programs involved clients entering the community with a job coach or crew coach and being trained to perform a job. The supported employment program was more expensive because it required more staff. DeTucci was an advocate of the supported employment program.

Nauset decided that it needed to respond to the trend from sheltered employment programs to supported employment programs. Therefore, Nauset made a decision to consolidate its Eastham facility with its new larger Hyannis facility in order to shift staffing to respond to the supported employment program. DeTucci and DMR were unaware of Nauset’s plans.

On December 16, 1988, Jenkins held a meeting with clients’ parents and told them of Nauset’s plans. DeTucci and O’Meara were not invited to the meeting. Jenkins informed the parents that the facility in Eastham would be severely [179]*179curtailing its services and that clients would be moved to the facility in Hyannis or into community settings. Many of the parents were concerned about the proposed move.

On December 22, 1988, Jenkins wrote a letter to the clients’ parents, expanding on the topics discussed at the meeting. In the letter, Jenkins stated that DMR had “mandated” a change from the sheltered workshop program to a supported employment program. The letter defined the meaning of the supported employment program and stated that Nauset, because of the lack of “new monies,” had developed its own plan to handle the “mandated” conversion. Nauset planned to convert staff positions in the sheltered workshop program to the new program. Further, Nauset planned to transfer to the facility at Hyannis all the clients now at Eastham. Jenkins also enclosed a sample letter which concerned parents could send to public officials, including legislators, or to DMR about the proposed changes. A list of the names and addresses of the public officials and legislators was provided to the parents.

As a result of the letter, media attention was drawn to the proposed changes. DeTucci became angry with Jenkins because he believed that she had misrepresented DMR’s position as to the proposed changes and also because DMR was not afforded an opportunity to address the matter prior to the letter being sent. DeTucci also believed that the proposed consolidation of the Eastham facility with Hyannis was an issue that should have been part of contract negotiations. O’Meara was not directly involved in this incident but was indirectly involved as DeTucci’s supervisor.

On January 16, 1989, another meeting was held with parents, Nauset staff, DeTucci, and representatives of the Massachusetts Rehabilitation Commission. Jenkins was at that meeting. The consolidation was discussed, and DeTucci denied that he had ordered Nauset to “close” the Eastham facility.

The day after the meeting, Jenkins met with State Senator Henri Rauschenbach, Nauset officials, and DeTucci to discuss the parents’ anger at the proposed changes. At the meeting, DeTucci denied that he had ordered the closing of Eastham or its consolidation with Hyannis. Jenkins agreed with De-Tucci and stated that she believed that the decision to consolidate was necessary for Nauset to remain financially viable and that it was Nauset’s decision to make.

[180]*180The relationship between Jenkins and DMR further deteriorated in March of 1989.

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Bluebook (online)
668 N.E.2d 1345, 41 Mass. App. Ct. 176, 1996 Mass. App. LEXIS 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-detucci-massappct-1996.