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Alba v. Raytheon Company6/1/2004
Middlesex.
April 5, 2004
Practice, Civil, Summary judgment. Collateral Estoppel. Anti-Discrimination Law, Handicap.
The plaintiff, the administratrix of the estate of her deceased husband, Santo J. Alba (Alba), appeals from a judgment entered in favor of Alba's former employer, the defendant, Raytheon Company (Raytheon). A Superior Court judge allowed Raytheon's motion for summary judgment, concluding that the plaintiff's claim of handicap discrimination under G. L. c. 151B is barred by the doctrine of collateral estoppel. On appeal, the plaintiff argues that the judge incorrectly decided the collateral estoppel issue, and also contends that she proffered sufficient evidence that Raytheon failed to provide reasonable accommodation to Alba to preclude summary judgment in favor of Raytheon. We transferred the case to this court on our own motion. Because we conclude that the judge did not err in concluding that the plaintiff's claims are barred by the doctrine of collateral estoppel, we affirm the judgment of the Superior Court.,
Background.
We summarize the facts, reserving certain details for discussion in connection with the specific issues raised. Raytheon hired Alba as a sheet metal foreman in its Bedford plant in 1988. His job responsibilities increased over the years due to the restructuring of Raytheon's work force, which required him to work longer hours. In March, 1994, Alba was hospitalized due to severe depression. He reported to his treating psychiatrists (who diagnosed him as also suffering from bipolar disorder) that he was under pressure at work. They recommended that he reduce his hours. There is some dispute as to what Raytheon was told when Alba returned to work in April, 1994. It is undisputed, however, that Alba was assured that his job was secure and that he would not be required to work more than forty hours per week. Raytheon contends that was all that was requested.
For the next fifteen months, Alba did not work more than forty hours per week. On May 15, 1995, Alba was temporarily assigned to a different area of Raytheon. There is some dispute whether this required him to assume responsibilities comparable to his work as a sheet metal foreman or imposed some additional responsibilities. However, Alba did not object to being reassigned. Later that day, Alba was found dead in a Raytheon shop, the victim of a self-inflicted head injury.
Following Alba's death, the plaintiff filed a claim with the Department of Industrial Accidents (department) for benefits under G. L. c. 152, § 31 (granting benefits to a deceased employee's spouse) and § 33 (covering employee's funeral expenses). She also filed a charge of discrimination with the Massachusetts Commission Against Discrimination (commission). The claim before the department proceeded to a full hearing before an administrative judge in 1996. Following a six-day hearing, which included testimony from fifteen witnesses, the administrative judge dismissed the plaintiff's claim, determining that she was not entitled to benefits. The decision became final when the plaintiff failed to perfect her appeal to the department's reviewing board.
The plaintiff voluntarily withdrew her charge of discrimination filed with the commission, and commenced a civil action in the Superior Court against Raytheon and one of its managers, Daniel Harry Paras, on the theory that Raytheon failed reasonably to accommodate Alba's emotional handicap. In a three count complaint, the plaintiff, individually and as administratrix of Alba's estate, claimed that Raytheon discriminated against Alba in violation of G. L. c. 151B and G. L. c. 93, § 103; Paras, as Raytheon's manage
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