Professional Documents
Culture Documents
Fox v. SouthEast, 1st Cir. (1994)
Fox v. SouthEast, 1st Cir. (1994)
June 3, 1994
No. 94-1038
___________________
Before
Torruella, Selya and Cyr,
Circuit Judges.
______________
___________________
__________________
__________________
Per Curiam.
__________
appeals
a judgment by
the District
of Massachusetts in
appellee
Geraldine
Fox and
appellee
Melinda St.
in
John, and
Corporation
the amount of
the amount
the award
$15,000 for
of
$20,000 for
to appellees
of
We summarily affirm.
I
Fox
and
St.
John
were hired
by
appellant
as truck
suit alleging
hostile,
offensive
and
abusive
work
environment
default judgment
55(a).
The
hearing
to determine
appellee in damages.
Plaintiffs
their
court
the
pursuant to
then conducted
amount
to
be
an
Fed. R.
evidentiary
awarded
to
each
sought
Mass. Gen.
2000e
against defendant,
Civ. P.
and
damages
L. ch.
for
151B claim.
emotional
They
distress on
also requested
defendant.
court detailed
in a memorandum
The
-2-
On appeal, appellant
First,
certain testimony
error.
received by
which
P.
55(b).
insufficient
Second,
appellant
contends
that
evidence
presented
to sustain
the
there
was
award
of
it
was
the
default
judgment
established, as alleged in
had discriminated
against the
the
appellees both by
creating a
279 U.S.
decided at
appellees were
conduct.
entitled as
See Jones v.
___ _____
entered,
had
required, stated
See Brown v.
___ _____
530-31 (8th
F.2d 636,
a result of
In its memorandum
its findings
of fact
Cir. 1982).
F.2d 1, 4
court,
and conclusions.
appellant's illegal
477 F.2d
526,
The court
found that
-3-
had
suffered "significant
emotional
by the
distress"
because
specific illegal
conduct
appellant and,
were entitled to
of
therefore,
151B.
See
___
or psychiatric consultation),
read
the
error
in
conclusions of
whole
any
the district
of
of
the
the
court.
record,
we
factual
find
no
findings
or
See Cumpiano
___ ________
v. Banco
_____
Santander Puerto Rico, 902 F.2d 148, 152 (1st Cir. 1990) (an
______________________
appellate
court "ought
conclusions
record, [the
drawn
not
to upset
therefrom unless,
appellate
judges] form
findings
on
a
the
of fact
whole of
strong,
or
the
unyielding
Furthermore, in light
"not easily
computed
and, therefore,
. .
no abuse of discretion in
at 5
mainly
on
(upholding an award
defendant's
for emotional
statement
of
Jones, 990
_____
damages based
damages
and
sworn
testimony).
-4-
Finally, we
our attention to
in
findings
its
factual
implicitly relied
hearsay.
that
on any
of
conclusions,
explicitly
or
the statements
alleged to
be
the Federal
Rules of
determine
damages
appellant
was
admission which
v.
and
the court,
and
Evidence apply
that
the
inadmissible
testimony
hearsay,
any
to a
challenged
error
874
F.2d
36,
hearing to
41 (1st
in
by
the
See Vincent
___ _______
Cir.
1989)
"with
fair assurance
that
the
judgment
was
-5-
not