Tamasy v. Commonwealth

10 Mass. L. Rptr. 128
CourtMassachusetts Superior Court
DecidedFebruary 26, 1999
DocketNo. 965346B
StatusPublished

This text of 10 Mass. L. Rptr. 128 (Tamasy v. Commonwealth) 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
Tamasy v. Commonwealth, 10 Mass. L. Rptr. 128 (Mass. Ct. App. 1999).

Opinion

Hinkle, J.

Plaintiff A. Francis Tamasy sued his former employer, the Commonwealth of Massachusetts, for age discrimination in violation of G.L.c. 151B. A jury returned a verdict in plaintiffs favor, awarding him $200,000 in damages for back pay and $200,000 for emotional distress. The jury also found that the defendant acted wilfully and that the damages should thus be doubled.

The Commonwealth has moved (1) for judgment notwithstanding the verdict or, alternatively, for a new trial, (2) for remittitur and (3) to alter the judgment. Under Rules 50 and 59 of the Massachusetts Rules of Civil Procedure, these three motions may be joined. After hearing and for the reasons set forth below, the Commonwealth’s motion for judgment notwithstanding the verdict is DENIED; its motion for new trial is ALLOWED in part unless plaintiff consents to remitti-tur, and its motion to alter the judgment is ALLOWED.

The plaintiff moved to amend the judgment by doubling the actual damages and also moved for attorneys fees. At the hearing on the post-verdict motions I stated that the question of attorneys fees would be deferred until this decision issues. In light of the jury’s finding of wilfulness and doubling, the damages awarded by the jury (subject to remittitur of the emotional distress damages as set forth below) are to be doubled. Thus, that motion is ALLOWED.

BACKGROUND

For purposes of evaluating the Commonwealth’s motions, I consider the trial evidence in the light most favorable to plaintiff with all reasonable inferences drawn in his favor.

In April of 1992, plaintiff was hired for the position of director of support services at Tewskbury State Hospital, a hospital owned and operated by the Commonwealth. Plaintiff was 55 years old at the time. He did not sign a written employment contract and was never promised a permanent position. His job entailed management supervision over the day-to-day operations of the hospital’s service departments but no payroll or fiscal responsibilities. Richard Moro, who had interviewed and hired plaintiff, was his supervisor. As associate executive director of finance and general services at the hospital, Moro was responsible for supervising the payroll, reviewing employee overtime sheets and approving overtime payments.

In the spring of 1993, a human resources manager notified Moro of unauthorized claims and payments for overtime. Moro did not correct this overtime abuse and did not alert plaintiff of the problem until August of 1993. On October 27, 1993, Moro informed plaintiff of a one million dollar budget cut and a job freeze. He then asked plaintiff to resign, claiming that plaintiff was responsible for the overtime abuse. Plaintiff refused to resign.

After this meeting, plaintiff received a letter of termination which gave as the reason for termination his “[flailure to exercise fiscal management responsibility [over his] subordinates in the Laundry/Linen Department resulting in excessive and abusive amounts of overtime for the past six months.” Other than two managers who each received one day suspensions, no other employees were disciplined in connection with the overtime abuses. Soon after plaintiffs termination, Moro gave plaintiffs files to Christine Sprague who was approximately eight years younger than plaintiff and had previously supervised the hospital’s food services department.

Plaintiff sought new employment immediately after his discharge, applying for hundreds of jobs through 1998. He earned between $3000 to $4000 a year as a telemarketer from 1994 to 1996 and $1460 in 1997. Throughout this time, he felt humiliated and depressed. He attended support groups to deal with the situation.

DISCUSSION

I. Motion for Judgment Notwithstanding the Verdict or, Alternatively, for New Trial

A motion for judgment notwithstanding the verdict must be denied if there is “anywhere in the evidence, from whatever source derived, any combination of circumstances [that] could be found from which a reasonable inference could be drawn in favor of the [plaintiff].” Turnpike Motors, Inc. v. Newbury Group, Inc., 413 Mass. 119, 121 (1992) (quotation omitted). Where there is a “sufficiency of the evidence to warrant the verdict favoring [the plaintiff], the fact that there ‘was some or even much evidence which would have warranted a contrary [verdict]’ is of no consequence." Deerskin Trading Post v. Spencer Press, Inc., 398 Mass. 118, 125 (1986) (quotation omitted).

The jury found the Commonwealth liable for age discrimination in violation of G.L.c. 151B. Massachusetts courts interpreting c. 151B follow the three-stage order of proof established by the U.S. Supreme Court under the federal antidiscrimination provisions of Title VII of the Civil Rights Act of 1964. Wheelock College v. Massachusetts Comm’n Against Discrimination, 371 Mass. 130, 134-36 (1976) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)); Matthews v. [130]*130Ocean Spray Cranberries, Inc., 426 Mass. 122, 128 (1997).

In the first stage, a plaintiff must prove a prima facie case of discrimination by a preponderance of the evidence. Labonte v. Hutchins & Wheeler, 424 Mass. 813, 821 (1997). The elements necessary to show prima facie discrimination vary depending on the particular case. Id. (quoting Beal v. Selectmen of Hingham, 419 Mass. 535, 544 (1995)). As I charged the jury, the initial burden in an age discrimination case may be met by the plaintiff showing that he was over the age of 40, qualified for the position, terminated and replaced by a similarly or less qualified younger person. Powers v. H.B. Smith Co., 42 Mass.App.Ct. 657, 661, rev. denied, 425 Mass. 1105 (1997); see also Loeb v. Textro, 600 F.2d 1003, 1008 (1st Cir. 1979) (prima facie case of age discrimination under federal law is established if plaintiff was (1) within protected age group, (2) demoted or discharged, (3) replaced by a younger person or persons outside the protected age group and (4) qualified to do the job); Woodman v. Haemonetics Corp., 51 F.3d 1087, 1091 (1st Cir. 1995) (prima facie showing of age discrimination is not especially burdensome).

Once an employee establishes a prima facie case of discrimination, the burden of production shifts to the employer who may rebut the presumption of discrimination by articulating a legitimate nondiscriminatory reason for its decision. Blare v. Husk Injection Molding Sys. Boston, Inc., 419 Mass. 437, 440-41 (1995); Matthews v. Ocean Spray Cranberries, Inc., 426 Mass. at 128. If the employer advances a nondiscriminatory reason, the case reaches the third stage in the order of proof, where the employee, to prevail, must show that the employer’s justification is pretextual. Matthews v. Ocean Spray Cranberries, Inc., 426 Mass. at 128; Dartt v. Browning-Ferris Indus, Inc., 427 Mass. 1, 12 (1998).

Having reviewed the trial evidence in a light favorable to plaintiff, I find and rule that, although the evidence was by no means overwhelming, plaintiff produced sufficient evidence to warrant the jury’s findings of discrimination and wilfulness. See Powers v. H.B. Smith Co., 42 Mass.App.Ct. at 661; Loeb v. Textron,

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Related

McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Woodman v. Haemonetics Corp.
51 F.3d 1087 (First Circuit, 1995)
Gurley v. Commonwealth
296 N.E.2d 477 (Massachusetts Supreme Judicial Court, 1973)
Deerskin Trading Post, Inc. v. Spencer Press, Inc.
495 N.E.2d 303 (Massachusetts Supreme Judicial Court, 1986)
Herwitz v. Massachusetts Bay Transportation Authority
233 N.E.2d 726 (Massachusetts Supreme Judicial Court, 1968)
Conway v. Electro Switch Corp.
523 N.E.2d 255 (Massachusetts Supreme Judicial Court, 1988)
DeRose v. Putnam Management Co.
496 N.E.2d 428 (Massachusetts Supreme Judicial Court, 1986)
Wheelock College v. Massachusetts Commission Against Discrimination
355 N.E.2d 309 (Massachusetts Supreme Judicial Court, 1976)
Maddaloni v. Western Mass. Bus Lines, Inc.
438 N.E.2d 351 (Massachusetts Supreme Judicial Court, 1982)
Turnpike Motors, Inc. v. Newbury Group, Inc.
596 N.E.2d 989 (Massachusetts Supreme Judicial Court, 1992)
Kravetz v. Merchants Distributors, Inc.
440 N.E.2d 1278 (Massachusetts Supreme Judicial Court, 1982)
Mills v. Magee Carpet Co.
225 Mass. 31 (Massachusetts Supreme Judicial Court, 1916)
Blare v. Husky Injection Molding Systems Boston, Inc.
646 N.E.2d 111 (Massachusetts Supreme Judicial Court, 1995)
Beal v. Board of Selectmen
646 N.E.2d 131 (Massachusetts Supreme Judicial Court, 1995)
Labonte v. Hutchins & Wheeler
678 N.E.2d 853 (Massachusetts Supreme Judicial Court, 1997)
Matthews v. Ocean Spray Cranberries, Inc.
686 N.E.2d 1303 (Massachusetts Supreme Judicial Court, 1997)
Dartt v. Browning-Ferris Industries, Inc.
691 N.E.2d 526 (Massachusetts Supreme Judicial Court, 1998)

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10 Mass. L. Rptr. 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tamasy-v-commonwealth-masssuperct-1999.