Puccia v. Edwards

10 Mass. L. Rptr. 185
CourtMassachusetts Superior Court
DecidedApril 29, 1999
DocketNo. 9800065
StatusPublished
Cited by1 cases

This text of 10 Mass. L. Rptr. 185 (Puccia v. Edwards) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Puccia v. Edwards, 10 Mass. L. Rptr. 185 (Mass. Ct. App. 1999).

Opinion

Butler, J.

The plaintiff, Philip Puccia (“Puccia”), has brought suit against the defendant, Roberta Edwards (“Edwards”), for defamation and intentional infliction of emotional distress based on Edwards’s description of him as a “racist" and a “harasser” following a press conference on January 5, 1998. Puccia requests monetary damages, and an injunction to prevent Edwards [186]*186from further characterizing him as a “racist” or “harasser” on television, radio, or the Internet.1 Edwards has moved for summary judgment, and filed a special motion to dismiss pursuant to G.L.c. 231 §59H (the “anti-SLAPP” statute). For the reasons discussed below, the defendants’ motion for summary judgment is ALLOWED, without reaching the issue of the applicability of the Anti-SLAPP law.

BACKGROUND

The following facts are viewed in a light most favorable to the plaintiff for the purposes of the defendant’s motion for summary judgment:

At the time of the events in question, Philip Puccia was a public officer of the Massachusetts Bay Transportation Authority (“MBTA”), serving in the capacity of Deputy Manager. Roberta Edwards was also employed by the MBTA as its Chief Administrative Officer. Puccia was involved in the decision to hire Edwards as Chief Administrative Officer in the fall of 1996, and was superior to Edwards in the management hierarchy at the MBTA.

Workplace disputes quickly developed between Puccia and Edwards. The record makes it abundantly clear that Puccia and Edwards had frequent disputes over budgetary and personnel issues during 1997. These disputes do not form the basis of Puccia’s tort claims, and it. is unnecessary to restate the differing versions offered by the parties.

The tension between the two moved to another level during a November 17, 1997 staff meeting. There was a heated discussion. Edwards was upset by the manner in which Puccia spoke to her in front of other MBTA officers present. She called in sick the next day, consulted an attorney, and filed discrimination charges with the Massachusetts Commission against Discrimination. She was then placed on administrative leave by Robert Prince, the General Manager of the MBTA. She was later terminated from her position at the MBTA.

Faced with charges of discrimination from Edwards and other MBTA employees, MBTA officials held a press conference in November 1997 to address the improvements the MBTA had made in dealing with its history of alleged discrimination. A statement on behalf of the MBTA was also made to the press on January 4, 1998. In response, Edwards held a press conference on January 5, 1998, to respond to the statements made by the MBTA.

During the January 5, 1998 press conference, Edwards stated that she had filed a complaint alleging employment discrimination and harassment by MBTA officials. Edwards said that Puccia had attempted to harass and humiliate her by verbally attacking her at the November 17, 1997 staff meeting. She alleged that a number of employees had complained to her of discrimination and harassment, and spoke of a pattern of harassment by Puccia towards her that she claimed was in retaliation for her efforts to protect other MBTA employees who had claimed discrimination. Following her formal statement at the press conference, and after the video cameras were turned off, Edwards continued to speak with reporters. It is at this point that the following statement was attributed to her by at least one newspaper, referring directly to Puccia:

Puccia acts like the MBTA’s pit bull. He tried to embarrass me. He would yell and say that he didn’t have to fund my projects and programs. He was always a difficult person, a racist and a harasser.

The quote was contained in at least one newspaper article that Puccia has attached to his complaint. The same article quotes Puccia directly as denying ever having harassed any employee at the MBTA, and referring to a press release where Puccia called Edwards a “bitter and disgruntled former employee who was justly terminated by the general manager for a conspicuous breach of her management responsibilities." Puccia filed this lawsuit for defamation and intentional infliction of emotional distress shortly after Edwards’s statements appeared in the press.

DISCUSSION

Summary judgment shall be granted where there are no genuine issues of material fact and where the moving party is entitled to judgment as a matter of law. Mass.R.Civ.P. 56(c). The moving party has the burden of affirmatively demonstrating that there is no genuine issue of material fact, and that the summary judgment record entitles them to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989). The record supporting a moving party’s motion for summary judgment must be viewed in a light most favorable to the nonmoving party. Poirier v. Plymouth, 374 Mass. 206, 212 (1978).

1. DEFAMATION

A clem tension exists between an individual’s right to free expression under the First Amendment and Article 16 of the Massachusetts Decimation of Rights, and the protection of another individual’s reputation from libelous and slanderous statements by defamation laws. Stone v. Essex County Newspapers, Inc., 367 Mass. 849, 855 (1975); see also New York Times Co. v. Sullivan, 376 U.S. 254 (1964). In view of this tension between defamation and free expression, the Supreme Judicial Court favors the use of summary judgment in defamation cases. Aldoupolis v. Globe Newspaper Co., 398 Mass. 731, 733 (1986), and in particular, in such cases involving public figures and issues of public interest. Dulgarian v. Stone, 420 Mass. 843, 846 (1995); King v. Boston Globe Newspapers Co., 400 Mass. 705, 708 (1987). Summary judgment is favored because even if a defendant in a libel case is ultimately successful at trial, the costs of litigation may induce an unnecessary and undesirable self-censorship. King v. Boston Globe Newspaper Co., supra at 708.

Puccia bases his claims for defamation and intentional infliction of emotional distress entirely on the [187]*187following statement attributed to Edwards at a January 5, 1998, news conference:

Puccia acts like the MBTA’s pit bull. He tried to embarrass me. He would yell and say that he didn’t have to fund my projects and programs. He was always a difficult person, a racist and a harasser.

Puccia contends that the characterizations of him as a “racist" and a “harasser” are slander per se, that these statements have seriously damaged his reputation, and that he is prepared to prove, in court, that he is neither a racist nor a harasser.

The first inquiry is whether the alleged defamatory statements are actually statements of fact or statements of opinion. In the present case, Puccia does not base his defamation claim on any particular statements of fact that Edwards has made about the period in which the two worked together at the MBTA. Instead, Puccia focuses on the characterizations of him as a “racist” and a “harasser.” Puccia asserts that he is not a racist, and that the attribution of this epithet to him is a particularly offensive and destructive statement.

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Bluebook (online)
10 Mass. L. Rptr. 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puccia-v-edwards-masssuperct-1999.