Walsh v. Carney Hospital Corp.

8 Mass. L. Rptr. 574
CourtMassachusetts Superior Court
DecidedJune 10, 1998
DocketNo. 942583
StatusPublished
Cited by1 cases

This text of 8 Mass. L. Rptr. 574 (Walsh v. Carney Hospital Corp.) 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
Walsh v. Carney Hospital Corp., 8 Mass. L. Rptr. 574 (Mass. Ct. App. 1998).

Opinion

Cowin, J.

INTRODUCTION

The defendants, Carney Hospital Corporation (Carney or the Hospital), Dennis Gada, Sister Kathleen Natwin, Thomas Walsh, and Mark Duro (the defendants) have moved for judgment notwithstanding the verdict or, in the alternative, for a new trial or remittitur pursuant to Mass.R.Civ.P. 50 and 59. Under Mass.R.Civ.P. 50(a), the Court took this motion with leave reserved. The defendants claim that 1) the jury’s verdict is not supported by the evidence at trial; 2) the verdict should be reversed because of the prejudicial effect of, and “constitutional problems associated with” the evidence that was admitted regarding Catholic teachings on homosexuality; and 3) the lack of legal or evidentiary basis for the jury’s damages award. For the reasons discussed below, the Court denies the defendants motion.

BACKGROUND

This case was essentially a claim for sexual orientation discrimination in violation of G.L.c. 15 IB. The plaintiff, a former employee of Carney, claimed that he was wrongfully discharged from employment by the Hospital because of “sexual orientation discrimination.” Plaintiffs claims were submitted to the juiy on two theories: discrimination and interference with advantageous relations.1 A jury verdict was returned against the Hospital on plaintiffs claim for sexual orientation discrimination and against defendants Gada, Natwin, Walsh and Duro for aiding and abetting discrimination and against Walsh and Duro for intentional interference with advantageous relations.

The juiy awarded plaintiff $625,000 in compensatory damages and a total of $650,000 in punitive damages. The punitive damages award consisted of $625,000 against the Hospital; $5,000 against defendant Gada; $5,000 against defendant Natwin; and $7,500 each against defendants Walsh and Duro.

DISCUSSION

A motion for judgment notwithstanding the verdict under Mass.R.Civ.P. 50(b) is to be granted where the evidence presented at trial, viewed in the light most favorable to the plaintiff, was insufficient to warrant an inference that the defendant acted unlawfully. Barry v. Beverly Enterprises-Massachusetts, Inc., 418 Mass. 590, 591 (1994); Upham v. Chateau de Ville Dinner Theater, Inc., 380 Mass. 350, 351 (1980). The court also has broad discretion under Mass.R.Civ.P. 59 to allow a motion for a new trial. Galvin v. Welch Manufacturing Co., 382 Mass. 340, 343 (1981).

1. Defendants’ initial claim is that plaintiff exploited anti-Catholic sentiment at trial. The plaintiffs allegedly pursued this tactic by seeking to remove Catholics from the jury. In support of this contention, defendants claim that the Court, at plaintiffs request and over the defendants’ objection, read the following voir dire question to the juiy venire: “Would you tend to believe the testimony of a Catholic nun simply because of her position?” The jurors who answered this question in the affirmative were called to sidebar and the two who indicated after a colloquy that they would believe a nun simply because of her position were excused.2,3 Trial Transcript, Vol. 1, at 98, 116.

Striking a juror for religious affiliation is clearly impermissible under the Equal Protection Clause. See Batson v. Kentucky, 476 U.S. 79, 90 (1986). Religion, like gender and race, is a suspect classification. See Commonwealth v. Carleton, 773, 774-75 (1994). The defendants now claim that the juiy should not have been asked the voir dire question concerning Catholic nuns. The short answer to this argument is that the defendants did not make a timely objection to said voir dire question. They did not object to the question during a preliminary hearing held immediately prior to the start of the trial during which the Court stated that it would ask this question of the venire. See Trial Transcript, Vol 1, at 1-3, 1-5. And the defendants did not object to the voir dire question at the time it was posed to the venire. See Trial Transcript, Vol. 1, at 1-92. They only objected to it after the voir dire questions had been read and one juror had come to sidebar in response to the question. Trial Transcript, Vol. 1, [576]*576at 99-101. At that time, the Court stated: “you didn’t say that to me. You didn’t argue that when I announced at the beginning the questions I was going to ask ... I am ruling this is coming in too late because I have already asked the question and this objection to my knowledge was not presented to me before. And in any event, ... I have asked the question. There is nothing I can do at this point.” The defendants may not sit by while voir dire questions are put to the jury without voicing their objection and then raise the objection later.4

Even if, however, the defendants’ objection were timely, the objection was properly overruled. It would be the height of impracticality not to accept the reality that some jurors might be motivated to believe the testimony of a nun simply because she is a nun. The assignment of additional weight to testimony due to a witness’s status in life is improper and the court should uncover such prejudice if it exists. The subject question is no more offensive than the question commonly asked jurors whether they would tend to believe or disbelieve a police officer simply because the person is a police officer. That the inquiry in this case involves the religion of a person does not render the question impermissible from a constitutional viewpoint. The fact of religion is incidental; it is the attempt to weed out partiality on the part of the venire that is the key issue. The cause of the bias must be discerned; if such partiality happens to involve religion rather than professional status, the question is not thereby rendered impermissible.5

2. The defendants further claim that alleged efforts by the plaintiff to exploit anti-Catholic sentiment violated First Amendment principles, thereby penalizing defendants for their Catholicism or for their association with a Catholic institution. During the trial, the plaintiff cross-examined Sister Kathleen Natwin regarding her support of various church writings indicating that homosexuals cannot enter the “Kingdom of God.” Defendants claim that this was an impermissible inquiry into Sister Natwin’s religious beliefs because the courts cannot inquire about people’s religious beliefs. See Pielech v. Massasoit Greyhound, Inc., 423 Mass. 534 (1996), cert. denied, 117 S.Ct. 1280 (1997). This is not an accurate statement of the law.

In Pielech, the Supreme Judicial Court held that G.L.c. 15IB, §4(1A), violated the First Amendment’s Establishment Clause by involving the judiciary in disputes concerning religious doctrine. The Court stated, at 542: “We conclude that G.L.c. 151B, §4(1A), construed as we have concluded it must be construed, would require our courts in this case to determine what actions and beliefs are required of adherents to the Roman Catholic faith.” The defendants claim that by presenting evidence of Catholic teachings concerning homosexuality, plaintiffs counsel was requesting the jury to determine what beliefs concerning homosexuality are required of adherents to the Catholic faith. Thus, argue the defendants, the jury was placed in much the same position as the trial court in Pielech; the jury was required to be an arbiter of canon law.

The defendants misconstrue Pielech. Pielech

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Bluebook (online)
8 Mass. L. Rptr. 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-carney-hospital-corp-masssuperct-1998.