73 F.3d 355 (1st Cir. 1996), 95-1333, Stanislas v. Cigna

Docket Nº:95-1333.
Citation:73 F.3d 355
Party Name:Patricia A. STANISLAS, Plaintiff, Appellant, v. CIGNA and Insurance Company of North America, Defendants, Appellees.
Case Date:January 11, 1996
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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Page 355

73 F.3d 355 (1st Cir. 1996)

Patricia A. STANISLAS, Plaintiff, Appellant,

v.

CIGNA and Insurance Company of North America, Defendants, Appellees.

No. 95-1333.

United States Court of Appeals, First Circuit

January 11, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA1 Rule 36 regarding use of unpublished opinions)

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Michael A. Ponsor, U.S. District Judge]

Timothy J. Ryan with whom Bradford R. Martin, Jr. and Ryan, Martin, Costello, Leiter, Steiger & Cass, P.C. were on brief for appellant.

Michael A. Davis for appellees.

D. Mass.

AFFIRMED.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.

In this diversity case, plaintiff-appellant Patricia A. Stanislas appeals from the district court's grant of summary judgment in favor of defendant-appellees CIGNA and its wholly owned subsidiary Insurance Company of North America ("ICNA") on a sexual harassment claim under Mass. Gen. L. ch. 151B. The district court found that Stanislas failed to comply with the statute of limitations contained in Mass. Gen. L. ch. 151B, § 5. Our review of the grant of summary judgment is plenary, and we read the record in the light most favorable to the party contesting the summary judgment. See, e.g., Cambridge Plating Co. v. Napco, Inc., 991 F.2d 21, 24 (1st Cir.1993).

Stanislas alleged that her immediate supervisor, John A. Cvejanovich, engaged in repeated acts of sexual harassment towards her beginning in November 1990. Stanislas, the office administrator of ICNA's Springfield, Massachusetts, field litigation office, and Cvejanovich, the managing attorney, last worked together on April 26, 1991, the Friday before Cvejanovich departed on a one-week vacation. On that day, according to Stanislas' affidavit, Cvejanovich demanded that Stanislas sleep with him or find someone else who would.

On April 30, 1991, Stanislas reported Cvejanovich's conduct to another attorney in the office, who in turn notified ICNA's area supervisor, John Gilfoyle. On May 2nd and 3rd, two ICNA attorneys, Gilfoyle and Rob Gilbride, investigated Stanislas' claims. Gilfoyle instructed all of the office employees to stay home on May 6th, Cvejanovich's first day back...

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