Lisa Jorgensen v. Massachusetts Port Authority, Appeal of Donald Hertzfeldt and Peter Langley

905 F.2d 515
CourtCourt of Appeals for the First Circuit
DecidedJune 11, 1990
Docket89-1985
StatusPublished
Cited by83 cases

This text of 905 F.2d 515 (Lisa Jorgensen v. Massachusetts Port Authority, Appeal of Donald Hertzfeldt and Peter Langley) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lisa Jorgensen v. Massachusetts Port Authority, Appeal of Donald Hertzfeldt and Peter Langley, 905 F.2d 515 (1st Cir. 1990).

Opinions

BOWNES, Senior Circuit Judge.

This is an appeal from an order of the district court setting aside a jury’s award of damages to appellants Donald Hertz-feldt and Peter Langley for harm allegedly done to their reputations as airline pilots as a result of their involvement in an aircraft accident that was found to have been caused, in part, by the negligence of the defendant-appellee Massachusetts Port Authority. The district court ruled, as a matter of Massachusetts law, that losses for harm to reputation were not recoverable elements in an “ordinary” negligence case. The court alternatively held that even if reputation losses were recoverable in an ordinary negligence case, there was insufficient evidence in the record to support the jury’s damage awards. For the reasons discussed below, we affirm.

I. BACKGROUND

Donald Hertzfeldt and Peter Langley were the first officer and captain, respectively, of a World Airways DC-10 jet that skidded off the end of an icy Logan Airport runway on January 23, 1982 and plunged partially into Boston Harbor, killing two persons and injuring many others. Numerous lawsuits arose out of the accident. The particular suit at issue in this appeal was filed by Hertzfeldt and Langley against the Massachusetts Port Authority (“Massport”), the operators of Logan Airport, seeking damages for personal injuries and property damage allegedly sustained as a result of Massport’s negligent failure to keep the runway adequately cleared of ice.

By agreement of the parties, the district court divided the trial into two phases — liability and damages. In the liability phase, the jury returned a verdict for the plaintiffs, finding that Massport had been negligent in its maintenance of Logan Airport on January 23, 1982, and that this negligence was a proximate cause of the accident. In the damages phase, a second jury subsequently awarded $1,021,840 to Langley and $444,700 to Hertzfeldt as compensation for the damages each had suffered.1

These damage awards were subdivided by the jury into discrete components on a special verdict form. The verdict form specified the following elements of damages:

1) loss of personal property;
2) loss of wages for a five month investigatory period following the accident during which Hertzfeldt and Langley were prohibited from flying;
3) physical injury, pain and suffering, and related emotional distress resulting from the accident;
4) loss of past, present and future earning capacity; and
5) emotional distress because of harm to reputation and earning capacity.

Elements four and five, claimed by both Hertzfeldt and Langley, rested on a theory of harm to reputation. Hertzfeldt argued that his reputation as a safe pilot was harmed by the accident, despite the fact that Massport’s negligence was found to be a proximate cause of the accident. As a result, Hertzfeldt claimed that when he was later furloughed following a personnel cutback by World Airways (“World”), he was unable to obtain another airline position commensurate with his ability and ex[518]*518perience and was forced to accept an inferi- or, lower paying position with Pan American Airline’s Shuttle (“Pan Am”). This, Hertzfeldt argued, damaged his earning capacity and resulted in emotional distress. Somewhat differently, Langley contended that the accident harmed his reputation at World Airways, leading to his ostracism by fellow workers. This, in turn, he claimed, caused him emotional distress and led to his resignation from World, and a corresponding loss of earning capacity when he was unable to find a job in a non-airline occupation.

The jury found in favor of both Hertz-feldt and Langley on all specified damage elements. Massport then moved for judgment notwithstanding the verdict as to all elements except the claims for loss of personal property. In response to Massport’s motion, the trial court upheld the awards for lost wages and ordered a partial remit-titur with respect to the awards for physical injuries and pain and suffering. In the ruling that resulted in this appeal, the court set aside the awards for lost earning capacity and emotional distress stemming from harm to reputation on the grounds that: (1) although reputation damages were available in actions sounding in defamation, they were not recoverable in an ordinary negligence case, such as this, involving claims arising from an accident that produced physical injuries; and (2) even if such damages were recoverable, plaintiffs had introduced insufficient evidence to support their claims.

Hertzfeldt and Langley accepted the re-mittitur. They appeal only that portion of the district court’s order setting aside the damage awards premised on harm to reputation. We divide our consideration of the matter into the same two issues articulated by the trial court below: (1) does Massachusetts law permit recovery of reputation damages in an ordinary negligence case such as this, and (2) if it does, did plaintiffs introduce sufficient evidence to support the jury’s finding that such damages were suffered.

II. REPUTATION DAMAGES IN AN ORDINARY NEGLIGENCE CASE

Plaintiffs have cited no Massachusetts cases2 addressing the question of whether reputation damages are recoverable in an ordinary negligence case, and we have found none. In the absence of any Massachusetts authority, plaintiffs rely on three arguments to support their claim that reputation damages are recoverable in this context.

First, plaintiffs make a broad policy argument that the purpose of tort law is to compensate people for injuries that they have sustained as the result of others’ conduct. To accomplish this purpose here, plaintiffs contend, requires recognition of a cause of action for harm to reputation. Second, plaintiffs rely on the Third Circuit’s decision in Quinones v. United States, 492 F.2d 1269, 1273-79 (3d Cir.1974), which recognized a general cause of action for negligent maintenance of employment records brought under the Federal Tort Claims Act (“FTCA”) by an employee who claimed that the inadequate maintenance of employment records by his employer injured his reputation and rendered him unable to find a new job. See also Bulkin v. Western Kraft East, Inc., 422 F.Supp. 437, 442-45 (E.D.Pa.1976). Plaintiffs contend that Quinones supports the validity of claims for reputation damages in a general negligence setting. Finally, plaintiffs rely on our recent decision in Redgrave v. Boston Symphony Orchestra, Inc., 855 F.2d 888, 892-94 (1st Cir.1988) (en banc), cert. denied, — U.S.-, 109 S.Ct. 869, 102 L.Ed.2d 993 (1989), in which we held, as a matter of Massachusetts contract law, that a party could receive consequential damages if she proved “with sufficient evidence that a breach of contract proximately caused the loss of identifiable pro[519]*519fessional opportunities.” Id. at 894. Plaintiffs interpret Redgrave as recognizing a cause of action for reputation damages in contract claims, and argue that similar reasoning is applicable to ordinary negligence claims.

Each of these arguments was considered and rejected by the district court below.

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Bluebook (online)
905 F.2d 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lisa-jorgensen-v-massachusetts-port-authority-appeal-of-donald-hertzfeldt-ca1-1990.