Gyulakian v. Lexus of Watertown, Inc., et al. (Lawyers Weekly No. 10-134-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-11959 EMMA GYULAKIAN vs. LEXUS OF WATERTOWN, INC., & another.[1] Middlesex. March 10, 2016. – August 24, 2016. Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, & Lenk, JJ.[2] Employment, Sexual harassment. Anti-Discrimination Law, Sex, Attorney’s fees. Practice, Civil, Judgment notwithstanding verdict. Damages, Punitive. Civil action commenced in the Superior Court Department on January 10, 2013. The case was tried before Kimberly S. Budd , J., and postverdict motions for relief were considered by her. The Supreme Judicial Court granted an application for direct appellate review. Robert S. Mantell (Lori A. Jodoin with him) for the plaintiff. Christopher J. Sullivan (Tory A. Weigand with him) for the defendants. The following submitted briefs for amici curiae: Rebecca Pontikes, Katherine Skubecz, Michaela C. May, & Chetan Tiwari for Massachusetts Employment Lawyers Association & others. Afton M. Templin for Women’s Bar Association of Massachusetts. Ben Robbins & Martin J. Newhouse for New England Legal Foundation & another. Elizabeth S. Dillon for Massachusetts Defense Lawyers Association. CORDY, J. In December, 2014, a jury rendered a verdict in favor of the plaintiff, Emma Gyulakian, finding that she had been subjected to a sexually hostile or offensive work environment, in violation of G. L. c. 151B (c. 151B), § 4 (§ 4).[3] The jury, having heard evidence tending to establish that Gyulakian suffered relentless sexual harassment by her direct supervisor, Emmanuel Ferreira, found that the defendants, Lexus of Watertown, Inc., and Post Motors, Inc. (collectively, Lexus), were liable for $ 40,000 in compensatory damages for emotional distress, and, concluding that Lexus acted intentionally or with reckless disregard for Gyulakian’s rights under the discrimination laws, also awarded Gyulakian $ 500,000 in punitive damages. Lexus filed a motion for judgment notwithstanding the verdict (judgment n.o.v.), or, in the alternative, for a new trial or a remittitur. A judge of the Superior Court allowed the defendant’s motion for judgment n.o.v. in part, denying the motion with respect to the jury’s imposition of compensatory damages but allowing it as to the award of punitive damages. Gyulakian appealed on the issue of punitive damages, and Lexus cross-appealed the award of compensatory damages. We allowed Gyulakian’s application for direct appellate review and affirm the award of compensatory damages. We also reverse the trial judge’s ruling as to the punitive damages award, because, […]
Watertown Rescue’s Actions Helped Save MBTA Officer’s Life
It was a typical 24-hour shift for Watertown Fire Department firefighters James Caruso and Patrick Menton assigned to the department’s rescue ambulance; a few medical calls and some training. Pretty routine for a Thursday, Caruso would remember. But the everyday would within minutes transform into a maelstrom of bullets and bombs. The pair rushed to aid a police officer in a Watertown neighborhood, hit in an exchange of gunfire with the alleged Boston Marathon bombers. “From calm to chaos,” said Menton. Caruso and Menton have worked together periodically on the ambulance which is Caruso’s assignment. In fact, Menton was only scheduled to accompany Caruso after James’ usual partner’s wife gave birth earlier on April 18. The pair — Westford-native Caruso and Menton who was born, raised and is living in Watertown — who joined the department together eight years ago, would be on the 8 a.m. to 8 a.m. shift. Earlier in the week, the department put a second rescue unit on duty as a result of the Boston Marathon bombing, but were not called into the city. It was a fairly quiet night Thursday, until just after midnight when the chatter on the radio began picking up from dispatchers and police and fire: an officer shot and killed at MIT, a car jacking, a wild car chase heading west along Memorial Drive in the direction of Watertown. Then around 12:45 a.m., dispatch relayed to Watertown Rescue the call of “officer down” during a running gun battle along Laural Street with two heavily-armed suspects. Despite the hundreds of round-fired and pipe bombs lying on the street, the pair raced to the heart of the battle. “We didn’t know there had been shots fired, but all we knew was there was an officer needing help so we went in. That was it,” said Caruso. “It was a bit nerve-wracking but instincts just kicked in so you are not really thinking about it,” said Menton. When Caruso and Menton arrived, they were waved to the intersection of Laural and Dexter where they found a group of officers in a driveway. Jumping out of the truck’s cab, the EMTs saw officers working on Richard Donohue Jr., a MBTA officer who was part of the police chase into Watertown. The 33-year-old Donohue was hit by a round that severed three of four major leg arteries, producing a steady steam of blood draining into the street. As Caruso and Menton got out, the officers carried the limp unconscious officer to the back of the vehicle. They soon realized that Donohue had effectively lost his entire blood supply from the wound. “You can’t even describe […]
Elation: Scene of Watertown Capture of Marathon Bombing Suspect
It took a few minutes, but when reality sank in that the second Boston Marathon bomber had been captured in Watertown – their town – the crowd’s mood changed; it became like a victory parade for a Red Sox world championship. After watching the scene in the chilly damp night, being up all night and cooped up all day made, it was extra sweet when the words “suspect in custody” came over the police radio. Two hours earlier, I had been contemplating a second helping of chicken stirfry when the words rarely heard in Watertown came crackling over the scanner: “Shots fired.” My wife, Jen, and I froze and then went into a frenzy. We grabbed our coats and every camera we could get our hands on and jumped in the car. The scene was just two blocks away. Mt. Auburn Street — Watertown’s main thoroughfare — was already blocked off when we got there. Dozens of police talked nervously. Then came a “pop, pop.” Then another, followed by a few more. It was not clear whether they were gas canisters, gun shots, or both. The crowd hushed. I wondered what was happening on the other side of the houses I had stared at, seemingly for several hours. Police cars came and went. Men in heavy body armor and helmets began heading up the street. Then nothing. Everyone seemed nervous. Would the suspect be caputred dead or alive? Would he hurt or even kill an officer – possibly one I know personally? Eventually, word got out — but people didn’t quite seem ready to believe it. A crowd gathered around a car with its radio tuned to a news channel. People clapped when reports that the suspect was subdued and being put into an ambulance. The chill quickly disappeared as the excitement rose. First one police car left – met with some clapping from the crowd. Then more cars rolled by, and finally one police officer waved and yelled “God Bless America! God Bless America!” That was it – the celebration was on. People crowded in, cheering louder and louder and yelling “Good job!” and “Thank You!” A man turned to another and yelled “This is our town!” Being a journalist, I do my best to remove emotion and concentrate on the story. But it was no use; the mood was infectious. Eventally I put down my camera and just watched. I didn’t want to leave the scene, but stories had to be written. It was an added bonus that I was able to share the moment with my wife, an ex-journalist. As we headed back […]
Locked Down in Watertown: ‘You Can’t Live Scared’
“Well, it’s a beautiful day out there, best of the year,” said Brian Baccaro, 29, a former roommate of mine who still has a Brighton address on the Watertown line. “And now I think bombs might be hidden all over the place.” That statement is no longer irrational for this community. It’s no longer irrational for Boston. The porch barbecues and outdoor events that make these neighborhoods so boisterous likely will not take place this weekend – the first one to hit 70 degrees after a long, brutal winter. There won’t be chicken kabobs or lahmajun eaten, Coors Light 30-racks will stay on the shelves, and you won’t see neighbors yelling across their porches at each other. Instead, the working class people of Brighton, the largely Armenian population of Watertown, the students and citizens of Cambridge and the rest of Eastern Massachusetts will stay hunkered down indoors in a police state. Welcome to post-bomb Boston. Watertown and Brighton Arsenal Street, specifically the section located between two malls in Watertown, is the epicenter of Friday morning’s news. Police have clustered here as they hunt for the remaining suspect, Dzhokhar Tsarnaev, the 19-year-old wanted for Monday’s Marathon bombings. Aresnal Street, and the two malls that bookend the enormous police presence, are on the border between Watertown and the Boston suburb of Brighton. Brighton is home to young adults, college students and Irish and Russian families who have been there for generations. From 2006 to 2012, I lived on Hobson Street in Brighton. It was a short Charles River bike ride away from the scene of this manhunt. There’s no violent crime in these neighborhoods: When I lived here someone unwittingly showed up drunk at my apartment door mistaking my home for his and a misunderstanding ensued. That’s the only confrontation I remember. It was through Watertown’s quiet, small, one-way streets in the east end of town that police had a gun battle in the middle of the night. By 6 a.m., live images of SWAT teams and other law enforcement encamped in front of a building on Quimby Street were broadcast, and riveting us in front of our televisions before we knew we weren’t allowed to leave our homes. Today not just Brighton and Watertown, but the neighboring communities of Belmont, Cambridge and all of Boston are on government-mandated lockdown; Watertown is a law enforcement stronghold. Not the outdoor celebration of spring it was supposed to be. Locked in Doors, Confident Normalcy Will Return Sue Gryszkiewicz, 29, lives on Clark Street in Somerville, two blocks from Norfolk Street, within shouting distance of the police activity early Friday. “It’s scary,” she […]
MIT Officer Killed, Reports of Shootout in Watertown
Update 1:26 a.m. Police may have unexploded devices on Laurel and Dexter, getting residents out of there. Another possible suspect may be involved. Update 1:25 a.m. Suspect is being held at Mt. Auburn St. and Adams St. in Watertown. Update 1:22 a.m. Boston Police Chief Linskey is on scene. Update 1:20 a.m. Police believe they have second suspect in custody. Potential mistaken identity, police are confirming. Update 1:17 a.m. “Party on the ground, Boston PD is requesting assistance on Upland.” – Watertown PD Scanner Update 1:16 a.m. One suspect remains at large. Another in custody. Update 1:03 a.m. Two officers are down at the scene in Watertown, as is one of the two suspects, according to police scanner reports. Update 12:55 a.m. Two men allegedly hijacked a black Mercedes SUV in Cambridge around midnight, according to police scanner reports. The men let the driver out of the vehicle on Memorial Drive about 30 minutes later, according to the reports. Police then tracked the vehicle to Watertown and are currently in a shootout with the suspects near 105 Laurel St. in Watertown, according to the reports. There are also reports of explosions in that area. It is unclear if this incident is related to the MIT shooting at this time. —– A MIT Police officer is dead after a campus shooting near Vassar and Main Streets, the Middlesex District Attorney confirmed early Friday morning. The officer was responding to a report of a disturbance when he was reportedly shot, a press release reads. Evidence was found of “multiple gunshot wounds.” He was pronounced deceased at Mass General Hospital. Authorities are aware of no other victims. No arrests have been made and the situation is ongoing. According to a report in the The Atlantic, MIT released an emergency alert at 10:48p.m. Thursday. “Shots fired near 32 Vassar Street (Stata Center),” the notice read. “Police officer down. Please stay inside.” At 12:01 a.m., the official MIT Twitter account tweeted, “Police are sweeping the campus in relation to the shooting at Building 32/76 (Stata/Koch), continue to stay indoors until further notice.” Patch will update this story as more details become available. South End Patch