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Garcia v. Allen6/8/2000
life activity. Williams v. Channel Master Satellite Systems, Inc., 101 F.3d 346 (4th Cir. 1996) cert. denied sub nom, Williams v. Aynet, Inc., 520 U.S. 1240 (1997). In another case, the Southern District of New York found that an individual's medical restriction of "no prolonged sitting" did not render her disabled under the ADA, because it did not substantially limit any major life activity, including her ability to work. Wernick v. Federal Reserve Bank of New York, 1995 WL 598973 (S.D.N.Y. Oct. 10, 1995), aff'd, 91 F.3d 379 (2d Cir. 1996). Closer to home, the Southern District of Texas found that an employee's knee injury was not a substantially limiting impairment where the physician limited squatting and climbing and prohibited crawling, but where the plaintiff's deposition showed that he performs strenuous yard work, climbs three and one-half flights of stairs in one minute, and lifts 70 pounds easily. Smith v. United Parcel Service, 50 F.Supp.2d 649 (S.D. Tex. 1999). The Northern District of Indiana found that a plaintiff's knee injury did not substantially limit major life activities where, at the time of his physician's deposition, the plaintiff was able to stand, squat, bend, lift 100 pounds and run. Hites v. Patriot Homes, Inc., 904 F.Supp. 880, 883-84 (N.D.Ind. 1995). That court also held that an employee was not disabled where he sought medical attention for his dislocated knee cap only twice, and within four months after the injury was able to walk, stand, carry up to 50 pounds and drive a motor vehicle without restriction, but one year later was still unable to do repetitive climbing. Kelly v. Woodridge Park District, 1999 WL 203020 (N.D.Ill March 31, 1999) at *2. See also Robinson v. Global Marine Drilling Co., 101 F.3d 35, 37 (5th Cir. 1996) (holding that individual with asbestosis who suffered only a few instances of shortness of breath while climbing stairs was not substantially limited in the major life activity of breathing); Penny v. United Parcel Serv., 128 F.3d 408, 415 (6th Cir. 1997) (noting that cases make clear that moderate difficulty or pain experienced while walking does not rise to level of disability); Sherrod v. American Airlines, Inc., 132 F.3d 1112, 1120 (5th Cir. 1998) (holding that plaintiff failed to establish that back injury substantially limited the major life activity of lifting where evidence tended to prove only that she was restricted from heavy lifting, not the routine duties of daily living, and was thus insufficient for reasonable jury to find substantial limitation on major life activity); Miller v. Airborne Exp., 1999 WL 47242, at *5 (N.D.Tex. Jan. 22, 1999) (holding that plaintiff's preference to lean on rail rather than stand, and of a need to rest or sit after standing for more than 30 minutes, did not demonstrate that injury to left knee left him unable to stand or that he was significantly restricted as compared to the condition, manner, or duration under which the average person could stand); Dickerson v. United Parcel Serv., 1999 WL 966430, at *4 (N.D.Tex. Oct. 21, 1999) (holding that plaintiff failed to raise genuine fact issue that he was substantially impaired in the major life activity of standing where his physician did not aver that plaintiff was unable to stand or that he was significantly restricted with respect to this activity when compared to the average person, and plaintiff's static standing tolerance of only about five minutes at a time was still within the normal range, considering plaintiff's age and sex).
While loss of a kneecap is a serious impediment, we do not believe it rises to the level of the type of "disability" contemplated by the anti-discrimination act. Crawling, squatting, climbing ladders and kneeling are not the same type of "maj
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