Morehouse v. Berkshire Gas Co.
| Decision Date | 31 December 1997 |
| Docket Number | Civil Action No. 95-30235-MAP. |
| Citation | 989 F.Supp. 54 |
| Parties | Sheryl MOREHOUSE, and William Morehouse, Plaintiffs, v. BERKSHIRE GAS CO., Joseph Aberdale, David Grande, and Michael Wendling, Defendants, v. Michael WENDLING, As Third-Party Plaintiff, v. THE TRAVELERS INSURANCE COMPANY, Third-Party Defendant. |
| Court | U.S. District Court — District of Massachusetts |
Warren H. Pyle, Pyle, Rome & Lichten, Boston, MA, for Sheryl Morehouse, William Morehouse.
Ronald E. Oliveira, Martin & Oliveira, Pittsfield, MA, for Berkshire Gas Co.
Thomas Curley, Campoli & Campoli, Pittsfield, MA, for Joseph Aberdale.
Lee D. Flournoy, Cain, Hibbard, Myers & Cook, Pittsfield, MA, Daniel H. Rider, Jr., Longmeadow, MA, for David Grande.
David R. Cianflone, Cianflone & Cianflone, P.C., Pittsfield, MA, John P. Fitzgerald, Cogavin & Waystack, Boston, MA, for Jack Murdock.
Richard J. O'Brien, Pittsfield, MA, for Michael Wendling.
William P. Hadley, Doherty, Wallace, Pillsbury & Murphy, Springfield, MA, for Travelers Ins. Co.
MEMORANDUM REGARDING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND THIRD-PARTY DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS (Docket Nos. 48, 51, 54, 56, 73)
Plaintiffs Sheryl and William Morehouse allege that their employer, Berkshire Gas Company ("Berkshire"), and Berkshire employees Joseph Aberdale, David Grande, and Michael Wendling, sexually harassed Sheryl Morehouse in violation of Mass. Gen. Laws ch. 151B, § 4 (Count One), and that in so doing, the individual defendants intentionally or negligently inflicted emotional distress on both plaintiffs (Count Two). In addition, the plaintiffs claim that Berkshire negligently failed to prevent, limit, or mitigate the actions of the individual defendants (Count Three). Each of the defendants has moved for summary judgment. Defendant Wendling also filed a third-party complaint against Travelers Insurance Company demanding that Travelers provide Wendling with a defense against the plaintiffs' claims and indemnify him with respect to any judgment entered against him on such claims. Travelers has moved, without opposition, for judgment on the pleadings pursuant to Fed. R.Civ.P. 12(c).
For the reasons set forth below, the defendants' motions will be allowed in part and denied in part. Specifically, the court will allow summary judgment as to: 1) Count One with respect to Wendling; 2) Count Two (intentional infliction of emotional distress) with respect to Wendling; 3) Count Two (negligent infliction of emotional distress) with respect to all defendants; and 4) Count Three, which is against Berkshire only. The court will grant summary judgment as to all claims of William Morehouse. The defendants' motions will be denied as to: 1) Count One with respect to Ms. Morehouse's claims against Aberdale, Grande, and Berkshire, and 2) Count Two (intentional infliction of emotional distress) with respect to Ms. Morehouse's claims against Aberdale and Grande. Finally, third-party defendant Travelers' motion for judgment on the pleadings will be allowed.
Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The court is obliged to view the facts in the light most favorable to the nonmoving party, drawing all reasonable inferences in that party's favor. Fennell v. First Step Designs, Ltd., 83 F.3d 526, 534 (1st Cir.1996). "The moving party `bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.'" DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir.1997) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986)). Once the moving party has properly supported the motion for summary judgment, the burden shifts to the nonmovant, with respect to each issue on which he has the burden of proof, to demonstrate that a trier of fact reasonably could find in his favor. Sears Roebuck & Co. v. Goldstone & Sudalter, 128 F.3d 10, 18 (1st Cir.1997).
Plaintiffs Sheryl and William Morehouse are employees of Berkshire, a public utility corporation with offices in Pittsfield, Massachusetts. In 1994, obscenely defaced pictures of Ms. Morehouse were posted at a golf tournament organized for Berkshire employees and their guests. At the time the alleged sexual harassment took place, defendants Joseph Aberdale, David Grande, and Michael Wendling were co-employees of the Morehouses. Aberdale was the manager of engineering and distribution for Berkshire; Grande was a senior engineer who also supervised work crews; and Wendling was a distribution supervisor and plaintiff William Morehouse's direct supervisor.
In the months prior to the 1994 tournament, union/management relations at Berkshire were, according to William Morehouse, "touchy." In June of that year, Mr. Morehouse had exercised seniority rights under his union contract with Berkshire to claim a vacancy as a Pittsfield "street leader," a position that authorized him to assign work to crews. Mr. Morehouse had held the same position in the North Adams area, which was nearer to his Stamford, Vermont residence, but the Pittsfield position allowed him to fulfill his responsibilities more effectively as local union vice president. Mr. Morehouse's decision to bid for the Pittsfield job thwarted the bid of the next-highest ranking employee, Rick Scapin. Defendants Wendling, Grande, Aberdale, and another employee, Gerald Doyle (Wendling's supervisor and Scapin's brother-in-law), supported Scapin for the position, and met with a Berkshire vice president to express their unhappiness with Mr. Morehouse's actions.
In a separate episode in August 1994 — one month prior to the golf tournament — Aberdale and Sheryl Morehouse had an altercation at work. At that time, Ms. Morehouse was the shop steward for employees in the Customer Information Center ("CIC"). When management complained at a meeting with union representatives that employees were taking excessive work breaks, the union representatives responded that management personnel were guilty of similar conduct, and cited Aberdale's breaks in the CIC. Shortly thereafter, when Ms. Morehouse went to deliver a message in the engineering section, Aberdale blocked her way and asked, "What the fuck are you doing here?" and told her that she "better watch [her] fucking back" and "stay out of his fucking area." Thereafter, when Ms. Morehouse walked through the area, Aberdale would stand looking at his watch. She reported this to her superiors.
On September 24, 1994, the "Berkshire Gas Company Fall Classic Golf Tournament" was held at the Bass Ridge Country Club in Hinsdale. Defendants Wendling and Grande organized the event on company time, using company facilities (e.g., telephones, photocopying, and bulletin boards).1 As organizers, Wendling and Grande collected entrance fees, solicited donations from merchants, obtained trophies, prizes, alcohol, and other supplies, and arranged activities such as the "long drive" contest and the catered meal following the tournament. For this particular tournament, a total of thirty-five persons participated — all men — including fifteen guests (non-employees), ten salaried non-union employees, and ten union hourly employees of Berkshire. The plaintiffs did not attend the tournament.
The tournament followed a "scramble," or "best ball" format. Foursomes were assigned to start at various holes; each group eventually toured the nine-hole circuit twice. Defendant Aberdale joined Wendling, Grande, and Berkshire employee Ray Milukas in a foursome assigned to begin at the first tee.
Just prior to the start of the tournament, Aberdale produced from his golf bag several photocopies of a framed portrait of Sheryl Morehouse that Mr. Morehouse kept on his desk at work. Aberdale maintains that the pictures somehow "appeared" in his golf bag and that he did not intentionally bring them to the course. Aberdale exhibited the photocopies to the members of his foursome (defendants Grande and Wendling, and Milukas) and told Wendling he was "going to have some fun."
While Grande was practicing putting on the nearby ninth green, Aberdale handed Grande one of the photocopies and instructed Grande to attach the picture to the flag at the ninth hole. Grande complied. After the foursome finished putting on the first hole, Aberdale gave Grande another photocopy of the portrait, which Grande hung on the flag at the first green. Grande admits to drinking heavily that day, and acknowledges that he was "totally intoxicated" by the time the foursome reached the fifth tee. At this point, Aberdale gave Grande a third photocopy and Grande affixed it to a trash barrel near the tee. Grande and Wendling maintain that nothing was written or drawn on the picture at that time. However, when they reached the tee during the second round, a penis and testicles had been drawn on the picture next to Ms. Morehouse's mouth. Grande and Wendling state that they did not remove the picture because it was wet; Wendling assumed it was wet with urine. All three individual defendants concede that they laughed and joked when they saw the picture in this condition.
The long drive contest was set up at the fifth hole. On the long drive marker, another photocopy of Ms. Morehouse had been posted, inscribed with "DAVE FUCKED HER" and "DRIVE IT HOME." All three individual defendants deny knowledge of the origin of the handwriting, but the plaintiffs' handwriting expert has submitted that the words "DRIVE IT HOME" were written by...
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