Wahlstrom v. Metro-North Commuter R. Co.

Decision Date06 April 2000
Docket NumberNo. 96 Civ. 3589(PKL).,96 Civ. 3589(PKL).
Citation89 F.Supp.2d 506
PartiesCorinne WAHLSTROM, Plaintiff, v. METRO-NORTH COMMUTER RAILROAD COMPANY and William Chapman, Defendants.
CourtU.S. District Court — Southern District of New York

Alterman & Boop P.C., New York City, Nina Koenigsberg, of counsel, for Plaintiff.

Hoguet Newman & Regal, LLP, New York City, Andrew M. Dansicker, of counsel, for Defendant Metro-North Commuter Railroad Company.

Farrauto, Berman, Fontana & Selznick, Yonkers, NY, Lawrence J. McElroen, of counsel, for Defendant William Chapman.

OPINION AND ORDER

LEISURE, District Judge.

Plaintiff Corinne Wahlstrom brings this action, alleging that she was verbally and physically assaulted by a fellow employee, defendant William Chapman ("Chapman"). Plaintiff seeks relief against her employer, defendant Metro-North Commuter Railroad Company ("Metro-North"), under the Federal Employers' Liability Act, as amended, 45 U.S.C. § 51 et seq. ("FELA"), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), the New York State Human Rights Law, N.Y. Exec. Law § 296(1)(a) ("NYSHRL"), and the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107.1(a) ("NYCHRL"). Against Chapman, plaintiff has alleged common law tort claims—namely assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and prima facie tort. Following discovery, both defendants moved for summary judgment. For the reasons set forth below, the defendants' motions are granted in part and denied in part.

BACKGROUND

Plaintiff has been employed by Metro-North's Transportation Department since June 1986. See Third Am. Compl. ¶ 21; Wahlstrom Dep. at 72-73. Since July 1987, she has served as both an assistant conductor and a conductor, depending on her schedule and availability. See Wahlstrom Dep. at 74-76.

On April 22, 1996, plaintiff was working her third assignment of the day, as an assistant conductor on Train 552, due to arrive in New York City's Grand Central Station at 11:52 a.m. See Third Am. Compl. ¶ 22; Wahlstrom Dep. at 172, 174-176. Also assigned to the train were defendant Chapman, the engineer; Timothy Gershner, the conductor; and Giusseppe Nicotra, the junior assistant conductor. See Wahlstrom Dep. at 173-80. As an assistant conductor, plaintiff reported to the conductor and also assisted the engineer. See id. at 76.1

While the train was waiting in railroad yard at Metro-North's North White Plains station, and before passengers had boarded, see id. at 177, plaintiff struck up a conversation with Chapman, with whom she had occasionally worked in the past. See id. at 49-52. She inquired about his recent vacation to Aruba with his wife. See id. at 189-90. In an abrupt retort, Chapman allegedly replied, "Why the fuck do you want to know? Are you going to give me fucking sex?" Id. at 190; see also id. at 198-99. A bit shocked, Wahlstrom responded, "No. We are here on professional terms," id. at 199, and walked away toward the front of the train, see id. at 199-200, 249, 446. Nicotra, who had been sitting across from Chapman, observed the entire confrontation. See id. at 181-82; see also Nicotra Dep. at 17.

With plaintiff's back turned, Chapman then allegedly arose from his seat and came up behind her. See Nicotra Dep. at 48; Wahlstrom Dep. at 252. According to plaintiff, he wrapped his arms around her, grabbed her in a "bear hug," made a grunting sound, and slapped her left buttock three times. See Wahlstrom Dep. at 201, 252-54, 259, 275. Plaintiff forcefully pushed Chapman away and told him to get away from her, before fleeing toward the vestibule area of the train. See id. at 254, 257, 262. Despite being upset and nervous, she continued to perform her duties to prepare the train for its departure. See id. at 263-65.

Two or three minutes later, Chapman noticed plaintiff supervising Nicotra, who was lining switches for the track. See id. at 267. He ordered her to close the train door and shouted, "What are you doing standing there with your thumb up your ass?" Id. at 267. After moving the train up to the signal in the yard, Chapman yelled out, "What are you stupid, bitch?"2 Id. at 268; see also Third Am. Compl. ¶ 25. Again, plaintiff continued to do her job, though she claims she collected fewer tickets than she normally did. See Wahlstrom Dep. at 273.

Chapman did not say anything else inappropriate during the rest of the ride. See id. at 270. However, after the train reached New York City's Grand Central Station and plaintiff began her walk up the ramp toward the terminal, Chapman allegedly remarked, "You better shape up, Corinne, or you're going to get it." Id. at 271.; see also Third Am. Compl. ¶ 25.

On the platform, plaintiff approached one of her supervisors to tell him about Chapman's inappropriate conduct. Because he was otherwise engaged in work, however, she informed him that she would discuss the matter with him later. See id. at 271-72. Plaintiff then proceeded to the women's locker room in tears, where she told several co-workers of the assault. See Dorien Dep. at 10-15; Mahony Dep. at 8-11, 52-53; Wahlstrom Dep. at 280.-81. One of her co-workers, Annmarie Mahony, telephoned Metro-North's Manager of Workforce Diversity, Maryann Gormley-O'Connor, and asked her to come to the locker room. See Gormley-O'Connor Dep. at 108; Mahony Dep. at 8, 12. Upon arriving, Gormley-O'Connor helped calm plaintiff down and took her back to her office. See Gormley-O'Connor Dep. at 108-09; Mahony Dep. at 10-11. Plaintiff explained what had happened and asked to speak with an Employee Assistance Program counselor. See Wahlstrom Dep. at 213-14, 289-92. Yet, she declined to file a formal internal discrimination complaint against Chapman. See id. at 292-93; Koenigsberg Decl., Exh. A ("Report"), at 2.

After meeting with plaintiff, Ms. Gormley-O'Connor interviewed Chapman and Nicotra3 later that day and on April 23, and notified Metro-North management of the incident. See Chapman Dep. at 63, 130; Gormley-O'Connor Dep. at 106-07; Nicotra Dep. at 15; Report at 2. During her interview with Chapman, she gave him a copy of Metro-North's sexual harassment policy and directed him to stay away from and not retaliate against plaintiff and to comply with the policy in the future. See Chapman Dep. at 158; Gormley-O'Connor Dep. at 85, 186; Report at 5. Thereafter, she recommended that a formal investigation be brought against Chapman, see Gormley-O'Connor Dep. at 190; Report at 6, and suggested that Chapman and plaintiff be separated until the conclusion of the investigation, see Gormley-O'Connor Dep. at 95. On April 26, 1996, Chapman was charged with conduct unbecoming a Metro-North employee and violation of Metro-North's sexual harassment policy. See Koenigsberg Decl., Exh. G. After numerous postponements,4 a formal hearing was held on May 30, 1996, during which plaintiff, Chapman, Nicotra, and Mr. Joseph R. Pasanello, plaintiff's immediate supervisor, testified. See id., Exh. E.

Plaintiff maintains that this was not the first time she had been harassed by Chapman. In the first alleged incident, which she admits she never reported, plaintiff claims that Chapman put his arms around her. See Wahlstrom Dep. at 31-32, 291-92. The second time, Chapman allegedly touched her leg, although plaintiff does not recall when the incident took place, nor did she report it. See id. at 36-39. Neither episode, plaintiff concedes, involved inappropriate language or sexual innuendo. See id. at 31, 36.

On June 6, 1996, Chapman was informed that he would be suspended without pay for forty-five days, beginning June 25, 1996, and would be required to attend Metro-North's June 19, 1996 sexual harassment workshop. See Chapman Dep. at 64, 196; Koenigsberg Decl., Exh. Q; id. Exh. S., at 28. His suspension was later upheld by Lead Trainmaster J.W. Swanberg, see Koenigsberg Decl., Exh. U, and the Special Board of Adjustment, see id. Exh. V. Plaintiff was formally notified of the outcome of these proceedings on July 19, 1996. See id., Exh. R.

While Metro-North's disciplinary process was ongoing, on May 21, 1996, plaintiff filed criminal charges against Chapman. See id., Exh. K; Wahlstrom Dep. at 451-53; see also Koenigsberg Decl., Exh. M. Thirty days later, she received a Temporary Order of Protection, forbidding Chapman from further harassing, intimidating, or threatening her. See id., Exh. L; Wahlstrom Dep. at 327-28. On December 16, 1996, a North Castle Town Justice found Chapman guilty on the charge of third degree sexual abuse—a class A misdemeanor under N.Y. Penal Law § 130.55—and ordered him to pay a $1,000 fine and a $90 surcharge. See id., Exh. O, at 3; see also id., Exh. N.5

Following the end of his suspension and a routine physical exam, Chapman returned to service with Metro-North on August 19, 1996. See id., Exh. F. Since the April 22, 1996 incident, plaintiff has not been sexually harassed or subjected to inappropriate behavior or language from Chapman. See Wahlstrom Dep. at 30, 248. Nor has Chapman been the subject of any sexual harassment complaints or, for that matter, any other disciplinary action. See Chapman Dep. at 64, 279; Sinigiani Dep. at 49. Plaintiff avers that because she continued to be fearful and anxious, she endeavored to avoid Chapman at all costs. She learned, however, that Metro-North would not transfer Chapman and that, if she wanted to avoid working with him, she would have to rearrange her schedule. See id. at 114-15, 239-42. She therefore claims to have declined more financially rewarding assignments and added one hundred miles to her daily commute in order to avoid him. See id. at 114, 171, 487. As such, plaintiff has neither worked with nor spoken to Chapman since the incident. See id. at 244, 372.

On May 14, 1996, plaintiff filed the instant action against Metro-North, alleging claims...

To continue reading

Request your trial
115 cases
  • Murphy v. Pricewaterhousecoopers, Llp
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 27 Septiembre 2004
    ...this statute, he must allege that the actual impact of the discriminatory act was felt in New York. Wahlstrom v. Metro-North Commuter Railroad Co., 89 F.Supp.2d 506, 527-28 (S.D.N.Y.2000); see also Lucas v. Pathfinder's Personnel, Inc., 2002 WL 986641, at *1-2 (S.D.N.Y. May 13, 2002). The p......
  • Derienzo v. Metropolitan Transp. Authority
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 13 Diciembre 2005
    ...its employees with a safe workplace." Ulfik, 77 F.3d at 58 (citing Gallose, 878 F.2d at 84-85); Wahlstrom v. Metro-North Commuter R.R. Co., 89 F.Supp.2d 506, 514 (S.D.N.Y.2000) (Leisure, J.) (quoting Sinclair, 985 F.2d at 76). In this Circuit, an employer breaches this duty where "`it knew ......
  • Alexander v. Westbury Union Free Sch. Dist, CV10–0606(WDW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 4 Noviembre 2011
    ...policy and has advised its employees of the policy, the first Faragher prong will be satisfied. Wahlstrom v. Metro–North Commuter Railroad Co., 89 F.Supp.2d 506, 523 (S.D.N.Y.2000). Here, the District has established that it adopted a sexual harassment policy and distributed it to its emplo......
  • Naughright v. Weiss
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 18 Noviembre 2011
    ...Howell v. N.Y. Post Co., Inc., 81 N.Y.2d 115, 121, 596 N.Y.S.2d 350, 612 N.E.2d 699 (1993); see also Wahlstrom v. Metro–North Commuter R.R. Co., 89 F.Supp.2d 506, 529 (S.D.N.Y.2000). To support a claim for negligent infliction, the plaintiff must plead a breach of a duty owed to the plainti......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT