Gutridge v. Clure, 153 F.3d 898 (8th Cir. 1998). · Go Syfert
Gutridge v. Clure, 153 F.3d 898 (8th Cir. 1998). Cases Citing This Book View Copy Cite
103 citation events (51 in the last 25 years) across 28 distinct courts.
Strongest positive: Terry v. Garda CL Southeast Inc (ared, 2021-04-14)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Terry v. Garda CL Southeast Inc
E.D. Ark. · 2021 · confidence medium
Gutridge v. Clure, 153 F.3d 898, 901-02 (8th Cir. 1998); Heintzelman v. Runyon, 120 F.3d 143, 145 (8th Cir. 1997).
discussed Cited as authority (rule) Rachael Lundquist v. Rice Memorial Hosp.
8th Cir. · 2005 · confidence medium
Although lifting is a major life activity, see Helfter v. United Parcel Serv., Inc., 115 F.3d 613, 616 (8th Cir.1997) (citing 29 C.F.R. § 1630.2 (i)), Eighth Circuit precedent states that a “general lifting restriction without more is insufficient to constitute a disability within the meaning of the ADA.” Brunko, 260 F.3d at 941 ; accord Mellon v. Federal Express Corp., 239 F.3d 954, 957 (8th Cir.2001) (same); Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir.1998) (same); Snow, 128 F.3d at 1207 (same); see also Helfter, 115 F.3d at 617, 618 ; Aucutt v. Six Flags Over Mid-America, Inc., 85 F.…
cited Cited as authority (rule) Nuzum v. Ozark Automotive Distributors, Inc.
S.D. Iowa · 2004 · confidence medium
See Wood v. Crown Redi-Mix, Inc., 339 F.3d 682 , 687 (8th Cir.2003); Gutridge, 153 F.3d at 901-02.
cited Cited as authority (rule) Barnes v. Northwest Iowa Health Center
N.D. Iowa · 2002 · confidence medium
In Gutridge, the plaintiff contended that he was actually disabled and, in the alternative, that he had a record of impairment Id. at 901.
discussed Cited as authority (rule) Lloyd v. East Cleveland City School District
N.D. Ohio · 2002 · confidence medium
Some courts thus conclude that to show a record of impairment, the impairment must be “permanent or long-term.” Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir.1998) (holding that “impairments while recovering from surgery are not evidence of a permanent disability” and plaintiff failed to show record of disability).
discussed Cited as authority (rule) Simonson v. Trinity Regional Health System
N.D. Iowa · 2002 · confidence medium
In affirming the district court, the Eighth Circuit Court of Appeals held that “a general lifting restriction without more is insufficient to constitute a disability within the meaning of the ADA.” Id. at 941 (citing Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir.1998) (forty-five pound restriction does not limit life activity of lifting) (citing Snow v. Ridgeview Med.
discussed Cited as authority (rule) Albert James Conant v. City of Hibbing
8th Cir. · 2001 · confidence medium
Express Corp., 239 F.3d 954, 957 (8th Cir. 2001) (concluding that 15-pound lifting restriction does not constitute a disability); Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir. 1998) (concluding that 45-pound 3 lifting restriction does not substantially limit the major life activity of lifting), cert. denied, 526 U.S. 1113 (1999); Snow, 128 F.3d at 1207 (concluding that general lifting restriction without more does not constitute a disability); Aucutt v. Six Flags Over Mid-America, Inc., 85 F.3d 1311, 1319 (8th Cir. 1996) (stating that general lifting restriction does not constitute a disabili…
discussed Cited as authority (rule) Ciszewski v. Engineered Polymers Corp. (2×) also: Cited "see, e.g."
D. Minnesota · 2001 · confidence medium
However, “the inability to perform a single, particular job does not constitute a *1089 substantial limitation.” 29 C.F.R. § 1680 .2©(3)0); Helfter, 115 F.3d at 617 (plaintiff only showed that she was restricted from performing a narrow range of jobs with substantial amount of sustained repetitive motion and heavy lifting); Gutridge, 153 F.3d at 901 (permanent lifting restriction only rendered plaintiff unable to perform his current position). 2.
discussed Cited as authority (rule) Byers v. Southwestern Bell Telephone Co.
8th Cir. · 2001 · confidence medium
Diversified Prods., Inc., 180 F.3d 903, 910-11 (8th Cir.1999); that Byers failed to establish she had a disability, as that term is defined under the ADA, see Gutridge v. Clure, 153 F.3d 898, 900 (8th Cir.1998), cert. denied, 526 U.S. 1113 , 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999); and that the record did not support an ADA retaliation claim, see Cossette v. Minn. Power & Light, 188 F.3d 964, 972 (8th Cir.1999).
discussed Cited as authority (rule) Lusk v. Ryder Integrated Logistics
10th Cir. · 2001 · confidence medium
E.g., Gutridge v. Clure, 153 F.3d 898, 900 (8th Cir.1998) (forty-five pound restriction does not amount to a substantial limitation on the ability to lift); Thompson v. Holy Family Hospital, 121 F.3d 537, 540 (9th Cir.1997) (same as to twenty-five pound lifting restriction); Williams v. Channel Master Satellite Sys., Inc., 101 F.3d 346, 349 (4th Cir.1996) (same as to twenty-five pound lifting restriction).
discussed Cited as authority (rule) Conant v. City of Hibbing
D. Minnesota · 2000 · confidence medium
Simply put, “a general lifting restriction imposed by a physician, without more, is insufficient to constitute a disability within the meaning of the ADA.” Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir.1998), cert. denied, 526 U.S. 1113 , 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999), citing and quoting, Snow v. Ridgeview Medical Center, supra at 1207; see also, Taylor v. Nimock’s Oil Co., supra at 961; Helfter v. United Parcel Serv., Inc., 115 F.3d 613, 617 (8th Cir.1997); Wild v. Minntech Corp., 187 F.3d 645 , 1999 WL 617442 *2 (8th Cir., August 13, 1999)(Plaintiff “cannot demonstrate that…
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Exxon Corp.
N.D. Tex. · 2000 · confidence medium
Corp., 128 F.3d 191, 200 (4th Cii\1997)(plaintiff not substantially limited in working when he could, and did, find comparable employment with another employer); Patterson v. Chicago Ass’n For Retarded Citizens, 150 F.3d 719, 726 (7th Cir.l998)(plaintiff not substantially limited in working when she found employment in her field); Gu-tridge v. Clure, 153 F.3d 898, 901 (8th Cir.1998)(plaintiff not substantially limited in working when he found comparable employment in his field which did not interfere with his lifting restriction); Sinkler, 209 F.3d at 685-86 (plaintiff not substantially limi…
discussed Cited as authority (rule) Buskirk v. Apollo Metals (2×) also: Cited "see, e.g."
E.D. Pa. · 2000 · confidence medium
Moreover, this conclusion is not changed by Buskirk’s medical disqualification from his former position as a box maker, see 29 C.F.R. § 1630.2 (j)(3)(i), or by Apollo’s earlier accommodation of Buskirk with light duty, see Gutridge, 153 F.3d at 901-02 (holding that record of impairment not established during period of - recovery and treatment following a work injury because this type of impairment is not a permanent disability); Panzullo v. Modell’s Pa., Inc., 968 F.Supp. 1022, 1024 (E.D.Pa.1997) (finding that light-duty work limitation is not per se disability under ADA).
discussed Cited as authority (rule) Sutton v. Lader
11th Cir. · 1999 · confidence medium
Gutridge v. Clure, 153 F.3d 898, 901-02 (8th Cir.1998) (citations omitted); Heintzelman v. Runyon, 120 F.3d 143, 145 (8th Cir.1997) (inability to work while recovering from surgery not evidence of permanent impairment); Rogers v. Int’l Marine Terminals, Inc., 87 F.3d 755 , 759 (5th Cir.1996) (surgery and recovery not a disability); McDonald v. Pennsylvania, Dep’t of Public Welfare, 62 F.3d 92, 96-97 (3d Cir.1995) (recuperation after abdominal surgery not disability); Evans, 861 F.2d at 852-53 (knee injury that required surgery not disability).
discussed Cited as authority (rule) Sutton v. Lader
11th Cir. · 1999 · confidence medium
Gutridge v. Clure, 153 F.3d 898, 901-02 (8th Cir. 1998) (citations omitted); Heintzelman v. Runyon, 120 F.3d 143, 145 (8th Cir. 1997) (inability to work while recovering from surgery not evidence of permanent impairment); Rogers v. Int’l Marine Terminals, Inc., 87 F.3d 755 , 759 (5th Cir. 1996) (surgery and recovery not a disability); McDonald v. Pennsylvania, Dep’t of Public Welfare, 62 F.3d 92 , 96- 97 (3d Cir. 1995) (recuperation after abdominal surgery not disability); Evans, 861 F.2d at 852-53 (knee injury that required surgery not disability).
cited Cited as authority (rule) Breitenfeldt v. Long Prairie Packing Co., Inc.
D. Minnesota · 1999 · confidence medium
Gu-tridge v. Clure, 153 F.3d 898, 900 (8th Cir.1998); Young v. Wamer-Jenkinson, Co., Inc., 152 F.3d 1018, 1021 (8th Cir. 1998).
discussed Cited as authority (rule) Prince v. Claussen
10th Cir. · 1999 · confidence medium
See Colwell v. Suffolk County Police Dep’t , 158 F.3d 635, 645-46 (2d Cir. 1998) (quoting Burch -12- v. Coca-Cola Co. , 119 F.3d 305, 317 (5th Cir. 1997), cert. denied 118 S. Ct. 871 (1998)); Gutridge v. Clure , 153 F.3d 898, 901 (8th Cir. 1998).
discussed Cited as authority (rule) Rebarchek v. Farmers Cooperative Elevator & Mercantile Ass'n
D. Kan. · 1999 · confidence medium
Gutridge v. Clure, 153 F.3d 898, 901-902 (8th Cir.1998) (Disability under the ADA requires permanent or long-term impairments, and impairments while recovering from surgery are not evidence of a permanent disability); McDonald v. Pennsylvania, Dep’t of Public Welfare, 62 F.3d 92, 96-97 (3rd Cir.1995) (recuperation after abdominal surgery not disability); Evans v. City of Dallas, 861 F.2d 846, 852-53 (5th Cir.1988) (knee injury that required surgery not disability).
discussed Cited as authority (rule) Nielsen v. Moroni Feed Company
10th Cir. · 1998 · confidence medium
Rather, in order [t]o demonstrate that an impairment “substantially limits” the major life activity of working, an individual must show “significant!;] restriction] in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.” Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994) (quoting 29 C.F.R. § 1630.2 (j)(3)(i)) (emphasis original); accord Sutton, 130 F.3d at 904; Mendoza v. Borden, Inc., No. 97-5121, 158 F.3d 1171, 1174-75 (11th Cir.1998); Colwell v. Suffolk …
discussed Cited "see" Rakity v. Dillon Companies, Inc.
10th Cir. · 2002 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898, 901-02 (8th Cir.1998) (five separate surgeries, numerous temporary lifting restrictions, and permanent forty-five pound lifting restriction from carpal tunnel syndrome did not establish triable record of substantial limitation), cer t. denied, 526 U.S. 1113 , 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999).
cited Cited "see" Equal Employment Opportunity Commission v. Automatic Systems Co.
D. Minnesota · 2001 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998).
cited Cited "see" Clyde M. Kellogg v. Union Pacific Railroad Company, a Corporation
8th Cir. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 900 (8th Cir.1998).
cited Cited "see" Clyde M. Kellogg v. Union Pacific RR
8th Cir. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 900 (8th Cir. 1998).
discussed Cited "see" Hamilton v. Rheem Manufacturing Co. (2×)
W.D. Ark. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998), cert. denied, 526 U.S. 1113 , 119 S.Ct. 1758 , 143 *934 L.Ed.2d 790 (1999); Snow v. Ridgeview Medical Ctr., 128 F.3d 1201, 1207 (8th Cir.1997); Helfter v. United Parcel Serv., 115 F.3d 613, 617-18 (8th Cir.1997).
cited Cited "see" Rhonda Otting, Appellant/cross-Appellee v. J. C. Penney Company, Appellee/cross-Appellant
8th Cir. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 900 (8th Cir.1998), cert. denied, 526 U.S. 1113 , 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999).
cited Cited "see" Rhonda Otting v. J.C. Penney Co.
8th Cir. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 900 (8th Cir. 1998), cert. denied, 119 S. Ct. 1758 (1999).
discussed Cited "see" Galambos v. Fairbanks Scales
E.D. Mo. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998) (rejecting argument that simply being hospitalized establishes a record of impairment under the ADA); Hilburn v. Murata Electronics North America, Inc., 17 F.Supp.2d 1377, 1382 (N.D.Ga. 1998) (finding that employer's approval of medical leaves of absence for employee as a result of her heart attack "establishes neither a history of, nor a misclassification of', Plaintiff suffering from a physical impairment limiting one or more of her major life activities).
discussed Cited "see" Duncan, Jimmy L. v. WMATA
D.C. Cir. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir. 1998) (emphasizing fact that plaintiff found other similar employment in finding no evidence of a substantial limitation in the major life activity of working), cert. denied, 119 S. Ct. 1758 (1999); Patterson, 150 F.3d at 726 (finding insufficient evidence of a substantial limitation where plaintiff, upon termination, became employed with the Chicago school system); Halperin v. Abacus Tech.
discussed Cited "see" Duncan v. Washington Metropolitan Area Transit Authority
D.C. Cir. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998) (emphasizing fact that plaintiff found other similar employment in finding no evidence of a substantial limitation in the major life activity of working), cert denied, — U.S.-, 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999); Patterson, 150 F.3d at 726 (finding insufficient evidence of a substantial limitation where plaintiff, upon termination, became employed with the Chicago school system); Halperin v. Abacus Tech.
discussed Cited "see" Duncan, Jimmy L. v. WMATA
D.C. Cir. · 2000 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir. 1998) (emphasizing fact that plaintiff found other similar employment in finding no evidence of a substantial limitation in the major life activity of working), cert. denied, 119 S. Ct. 1758 (1999); Patterson, 150 F.3d at 726 (finding insufficient evidence of a substantial limitation where plaintiff, upon termination, became employed with the Chicago school system); Halperin v. Abacus Tech.
discussed Cited "see" Rebecca A. Berg v. Norand Corporation
8th Cir. · 1999 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir.1998) (finding no substantial limitation where the plaintiff found a similar job); Miller v. City of Springfield, 146 F.3d 612, 614-15 (8th Cir.1998) (disqualification from one’s job of choice is not substantially limiting).
discussed Cited "see" Rebecca Berg v. Norand Corp.
8th Cir. · 1999 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir. 1998) (finding no substantial limitation where the plaintiff found a similar job); Miller v. City of Springfield, 146 F.3d 612, 614-15 (8th Cir. 1998) (disqualification from one's job of choice is not substantially limiting).
discussed Cited "see" Zarzycki v. United Technologies Corp.
D. Conn. · 1998 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998) (holding that, although an employee’s carpal and cubital tunnel syndromes left him unable to perform a job as a service technician at Computerland due to the nature of their exclusive on-site repair business, the employee was still able to function as a computer repair technician for other employers who did not require lifting as part of the job duties); Dutcher, 53 F.3d at 727 (finding that a welder with a serious arm injury had not presented evidence that her disability prevented her from performing an entire class of jobs because sh…
discussed Cited "see" Young v. U.S. West Comm.
10th Cir. · 1998 · signal: see · confidence high
See Gutridge v. Clure , 153 F.3d 898, 900-01 (8th Cir. 1998) (refusing to find plaintiff’s carpel tunnel syndrome with resulting lifting restrictions substantially limiting where plaintiff could still function as a computer repair technician for employers who did not require lifting as part of the job duties); McKay v. Toyota Motor Mfg., U.S.A., Inc. , 110 F.3d 369, 373 (6th Cir. 1997) (holding that the plaintiff’s carpal tunnel syndrome which precluded the performance of repetitive-motion factory work was not a substantially limiting impairment); Wooten v. Farmland Foods , 58 F.3d 382 , 3…
discussed Cited "see" Shirley Young v. U.S. West Communications, Inc.
10th Cir. · 1998 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 900-01 (8th Cir.1998) (refusing to find plaintiff's carpel tunnel syndrome with resulting lifting restrictions substantially limiting where plaintiff could still function as a computer repair technician for employers who did not require lifting as part of the job duties); McKay v. Toyota Motor Mfg., U.S.A., Inc., 110 F.3d 369, 373 (6th Cir.1997) (holding that the plaintiff's carpal tunnel syndrome which precluded the performance of repetitive-motion factory work was not a substantially limiting impairment); Wooten v. Farmland Foods, 58 F.3d 382, 386 (8th C…
cited Cited "see" Michael Murphree v. Transport Co.
8th Cir. · 1998 · signal: see · confidence high
See Gutridge v. Clure, 153 F.3d 898 , 900 (8th Cir. 1998).
cited Cited "see, e.g." Pandey v. Bio-Medical Applications of Minnesota, Inc.
D. Minnesota · 2009 · signal: see also · confidence low
Ctr., 164 F.3d 423, 425 (8th Cir.1999); see also Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998) (“[S]imply being hospitalized [does not] establish a record of an impairment under the ADA.”).
discussed Cited "see, e.g." Hansen v. Seabee Corp.
Iowa · 2004 · signal: see, e.g. · confidence low
See, e.g., Brunko v. Mercy Hosp., 260 F.3d 939, 941-42 (8th Cir.2001) (“[A] general lifting restriction without more is insufficient to constitute a disability within the meaning of the ADA.”) (citing Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998), cert. denied, 526 U.S. 1113 , 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999); Snow v. Ridgeview Med.
cited Cited "see, e.g." Kammueller v. Loomis, Fargo & Co.
D. Minnesota · 2003 · signal: see also · confidence medium
See Aucutt, 85 F.3d at 1319 ; see also Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir.1998) (finding a 45 pound lifting restriction is not “substantially limiting”); Snow, 128 F.3d at 1207 .
discussed Cited "see, e.g." Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. v. Szurek
Tex. App. · 2003 · signal: see, e.g. · confidence low
See, e.g., Gutridge v. Clure, 153 F.3d 898 , 901-02 (8th Cir.1998) (holding that plaintiffs inability to work while recovering from wrist and elbow surgery did not qualify as a disability under the ADA and noting that “the ADA requires permanent or long-term impairment”), cert. denied, 526 U.S. 1113 , 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999); Heintzelman v. Runyon, 120 F.3d 143, 144-45 (8th Cir.1997) (holding same with regard to a temporary back injury); Rogers, 87 F.3d at 759 (holding same with regard to recovery from ankle injury and surgery); McDonald v. Pennsylvania, 62 F.3d 92, 95-96 (…
discussed Cited "see, e.g." Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. v. Carol Szurek
Tex. App. · 2003 · signal: see, e.g. · confidence low
See, e.g., Gutridge v. Clure , 153 F.3d 898 , 901-02 (8th Cir. 1998) (holding that plaintiff's inability to work while recovering from wrist and elbow surgery did not qualify as a disability under the ADA and noting that “the ADA requires permanent or long-term impairment”), cert. denied , 526 U.S. 1113 (1999); Heintzelman v. Runyon , 120 F.3d 143, 144-45 (8th Cir. 1997) (holding same with regard to a temporary back injury); Rogers , 87 F.3d at 759 (holding same with regard to recovery from ankle injury and surgery); McDonald v. Pennsylvania , 62 F.3d 92, 95-96 (3d Cir. 1995) (holding same…
discussed Cited "see, e.g." Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. v. Carol Szurek
Tex. App. · 2003 · signal: see, e.g. · confidence low
See, e.g., Gutridge v. Clure , 153 F.3d 898 , 901-02 (8th Cir. 1998) (holding that plaintiff's inability to work while recovering from wrist and elbow surgery did not qualify as a disability under the ADA and noting that "the ADA requires permanent or long-term impairment"), cert. denied , 526 U.S. 1113 (1999); Heintzelman v. Runyon , 120 F.3d 143, 144-45 (8th Cir. 1997) (holding same with regard to a temporary back injury); Rogers , 87 F.3d at 759 (holding same with regard to recovery from ankle injury and surgery); McDonald v. Pennsylvania , 62 F.3d 92, 95-96 (3d Cir. 1995) (holding same wit…
discussed Cited "see, e.g." Mary D. Pollard v. High's of Baltimore, Incorporated (2×)
4th Cir. · 2002 · signal: see, e.g. · confidence low
See, e.g., Gutridge v. Clure, 153 F.3d 898 , 901-02 (8th Cir.1998) (holding that plaintiffs inability to work while recovering from wrist and elbow surgery did not qualify as a disability under the ADA and noting that “the ADA requires permanent or long-term impairments”); Heintzelman v. Runyon, 120 F.3d 143, 144-45 (8th Cir.1997) (same with regard to a temporary back injury); Rogers v. Int’l Marine Terminals, Inc., 87 F.3d 755 , 759 (5th Cir.1996) (same with regard to recovery from ankle injury and surgery); McDonald v. Pennsylvania, 62 F.3d 92, 95-96 (3d Cir.1995) (same with regard to …
cited Cited "see, e.g." Cutler v. Hamden Board of Education
D. Conn. · 2001 · signal: see also · confidence low
Id.; see also Gutridge v. Clure, 153 F.3d 898 , 900 (8th Cir.1998); Wooten v. Farmland Foods, 58 F.3d 382, 386 (8th Cir.1995).
cited Cited "see, e.g." Equal Employment Opportunity Commission v. Woodbridge Corp.
W.D. Mo. · 2000 · signal: see, e.g. · confidence medium
See e.g., Gutridge v. Clure, 153 F.3d 898, 901 (8th Cir.1998).
discussed Cited "see, e.g." Melvin Burns v. Coca-Cola Enterprises, Inc. Knoxville Coca-Cola Bottling Company, Inc.
6th Cir. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Gutridge, 153 F.3d at 900-01 (holding that a lifting restriction did not substantially limit a computer technician’s ability to engage in the major life activity of working). 4 .
discussed Cited "see, e.g." Wanda K. Taylor v. Nimock's Oil Co., an Arkansas Corporation
8th Cir. · 2000 · signal: see, e.g. · confidence low
See, e.g., Gutridge v. Clure, 153 F.3d 898 , 901-02 (8th Cir.1998) (record of impairment not established during period of recovery and treatment following a work injury because this type of impairment is not a permanent disability), cert, denied, 526 U.S. 113 , 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999).
discussed Cited "see, e.g." Wanda K. Taylor v. Nimock's Oil Co.
8th Cir. · 2000 · signal: see, e.g. · confidence low
See, e.g., Gutridge v. Clure, 153 F.3d 898 , 901-02 (8th Cir. 1998) (record of impairment not established during period of recovery and treatment following a work injury because this type of impairment is not a permanent disability), cert. denied, 526 U.S. 1113 (1999).
discussed Cited "see, e.g." Medlock v. City of St. Charles
E.D. Mo. · 2000 · signal: see also · confidence low
Weber v. Strippit, Inc., 186 F.3d 907, 912 (8th Cir.1999), cert. denied, ___ U.S. ___, 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000); see also Gutridge v. Clure, 153 F.3d 898 , 900 (8th Cir.1998), cert. denied, ___ U.S. ___, 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999); Webb v. Mercy Hospital, 102 F.3d 958, 959-60 (8th Cir.1996).
discussed Cited "see, e.g." Ridge v. Cape Elizabeth School Department
D. Me. · 1999 · signal: see, e.g. · confidence low
See, e.g., Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998), cert. denied, — U.S. -, 119 S.Ct. 1758 , 143 L.Ed.2d 790 (1999); Helfter v. United Parcel Serv., Inc., 115 F.3d 613, 616 (8th Cir.1997); Thompson v. Holy Family Hosp., 121 F.3d 537, 539 (9th Cir.1997); Ray v. Glidden Co., 85 F.3d 227, 229 (5th Cir.1996).
Retrieving the full opinion text from the archive…
Gavin Gutridge
v.
Wayne Clure, as President of Computerland, Individually Midland Computer, Inc., Doing Business as Computerland of Nebraska, Also Known as Computerland
98-1189.
Court of Appeals for the Eighth Circuit.
Dec 11, 1998.
153 F.3d 898
Cited by 23 opinions  |  Published

153 F.3d 898

8 A.D. Cases 705, 13 NDLR P 144

Gavin GUTRIDGE, Appellant,
v.
Wayne CLURE, as president of Computerland, Individually;
Midland Computer, Inc., doing business as
Computerland of Nebraska, also known as
Computerland, Appellees.

No. 98-1189.

United States Court of Appeals,
Eighth Circuit.

Submitted June 12, 1998.
Decided Aug. 26, 1998.
Rehearing Denied Dec. 11, 1998.

Adam J. Sipple, Omaha, NE, argued (Phillip G. Wright, on the brief), for Appellant.

Jeffrey Craig Miller, Omaha, NE, argued (Duncan A. Young, on the brief), for Appellee.

Before BOWMAN, Chief Judge, LOKEN, Circuit Judge, and MAGNUSON,[1] District Judge.

BOWMAN, Chief Judge.

[*~898]1

Gavin Gutridge sued Midland Computer, Inc., doing business as Computerland of Nebraska, and its president, Wayne Clure (hereinafter collectively referred to as "Computerland"), for discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 to 12213 (1994). Both parties moved for summary judgment. The District Court[2] granted Computerland's motion, denied Gutridge's motion, and dismissed the suit with prejudice. Gutridge appeals, claiming that the District Court erred in finding that he was not disabled under the ADA.

I.

2

Computerland sells computers and related products to businesses and provides maintenance for those computer products almost exclusively at the customer's place of business, or on-site. Computerland hired Gutridge as a computer service technician in October 1990. Gutridge's duties included the installation, repair, and service of computer equipment sold to Computerland's customers. In performing these duties, Gutridge was required to lift computer equipment both at the store and on-site, transport computer equipment between the customer site and Computerland's shop, and move on-site objects such as desks, shelves, and chairs.

3

In March 1993, Gutridge was lifting a computer monitor when his left wrist snapped, causing pain and numbness in his wrist, hand, and fingers. Gutridge received medical treatment and was eventually diagnosed with carpel tunnel syndrome and cubital tunnel syndrome in both his left and right wrists. Thereafter, through June 1995, Gutridge underwent five separate surgeries on his left and right wrists and elbows. After each surgery, Gutridge was placed by his doctors on various lifting restrictions and returned to work. During this time, Computerland assigned Gutridge to a temporary position requiring only light duty, in-shop services. On June 19, 1995, Gutridge's treating physician issued a written release to return to work with the permanent restriction that he may lift forty-five pounds 5% of the work day, thirty-five pounds 33% of the work day, twenty pounds 20% of the work day, and ten pounds consistently. A few days later, Computerland terminated Gutridge's employment. In its letter of termination to Gutridge, Computerland stated:

4

We have been informed that your rehabilitation program has ended and that the medical restrictions as identified by Dr. David Clough are now rated as permanent. That condition unfortunately prevents you from being able to fully accomplish the tasks necessary to perform your job functions.

5

J.A. at 24. Three and one-half weeks later, Gutridge was hired as a computer service technician by a company that repaired computers both in-shop and on-site.

II.

6

We review de novo a district court's grant of summary judgment. See Wooten v. Farmland Foods, 58 F.3d 382, 385 (8th Cir.1995). We affirm the judgment if "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c).

[*~899]7

The ADA prohibits employers from discriminating "against a qualified individual with a disability because of the disability of such individual." 42 U.S.C. § 12112(a). To establish a claim under the ADA, a plaintiff must show "that he has a disability as defined in 42 U.S.C. § 12102(2); that he is qualified to perform the essential functions of the job, with or without reasonable accommodation; and that he has suffered adverse employment action because of his disability." Benson v. Northwest Airlines, Inc., 62 F.3d 1108, 1112 (8th Cir.1995) (citing Wooten, 58 F.3d at 385). "Disability" is defined as "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." 42 U.S.C. § 12102(2).

8

Gutridge first claims that he is disabled under § 12102(2)(A) because his permanent lifting restriction, he argues, substantially limits one or more of his major life activities. The Equal Employment Opportunity Commission regulations define "major life activities" as "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i) (1997). Gutridge argues that his carpel tunnel syndrome and cubital tunnel syndrome, which resulted in him being placed on a permanent lifting restriction, substantially limits his major life activity of working. "Substantially limits" with respect to the major life activity of working means "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes." Id. § 1630.2(j)(3)(i). The regulations further state that "[t]he inability to perform a single, particular job does not constitute a substantial limitation." Id.

9

Gutridge has failed to present evidence that he is substantially limited in the major life activity of working. See Robinson v. Neodata Servs. Inc., 94 F.3d 499, 501-02 (8th Cir.1996) (finding that a permanent lifting restriction, which rendered plaintiff unable to perform the primary function of her previous position, did not substantially limit her major life activity of working). Gutridge's carpel and cubital tunnel syndromes have left him unable to perform the job of a Computerland service technician given the nature of Computerland's exclusive on-site repair business. He is still able, however, to function as a computer repair technician for other employers who either do not require lifting as part of their job duties or can provide assistance. Indeed, Gutridge has found such employment.

[*~900]10

Gutridge also contends that his permanent lifting restriction substantially limits his major life activity of lifting. The EEOC regulations include lifting as an example of a major life activity. See 29 C.F.R. Pt. 1630, App. § 1630.2(i). A permanent lifting restriction of not more than 45 pounds, however, neither renders him "[u]nable to perform" nor "[s]ignificantly restrict[s]" his activity of lifting. 29 C.F.R. § 1630.2(j)(1)(i), (ii). Further, we have held that, "[w]hile lifting is noted under the regulations as a major life activity, a general lifting restriction imposed by a physician, without more, is insufficient to constitute a disability within the meaning of the ADA." Snow v. Ridgeview Med. Ctr., 128 F.3d 1201, 1207 (8th Cir.1997) (citing Helfter v. United Parcel Serv., Inc., 115 F.3d 613, 617 (8th Cir.1997) and Aucutt v. Six Flags Over Mid-America, Inc., 85 F.3d 1311, 1319 (8th Cir.1996)). We find that Gutridge's permanent lifting restriction does not impose a substantial limitation on his major life activity of lifting.

11

Finally, Gutridge argues that he disabled under § 12102(2)(B) because "his five separate surgeries, wraps, splints, medication, work restrictions, and inability to perform simple manual tasks" created a record of impairment. Gutridge Br. at 14. For support, Gutridge relies on School Board of Nassau County, Florida v. Arline, 480 U.S. 273, 107 S.Ct. 1123, 94 L.Ed.2d 307 (1987). In Arline, the Supreme Court held that a school teacher's hospitalization for tuberculosis nearly twenty years prior to her termination established a record of impairment, and that she was therefore handicapped under the Rehabilitation Act.[3] See Arline, 480 U.S. at 281, 107 S.Ct. 1123. The Court stated that the tuberculosis "was serious enough to require hospitalization, a fact more than sufficient to establish that one or more of her major life activities were substantially limited." Id. Gutridge thus contends that, if hospitalization twenty years previous was sufficient in Arline to establish a record of impairment, then his course of treatment should also suffice. We disagree.

12

We do not interpret Arline to mean that simply being hospitalized establishes a record of impairment under the ADA. See Demming v. Housing and Redevelopment Auth., of Duluth, Minnesota, 66 F.3d 950, 955 (8th Cir.1995). Such an interpretation would establish the "nonsensical proposition that any hospital stay is sufficient to evidence a 'record of impairment.' " Taylor v. United States Postal Serv., 946 F.2d 1214, 1217 (6th Cir.1991). We reject such a reading of Arline. Unfortunately, the Court in Arline offered little detail regarding the teacher's actual length of hospital stay or the severity of her affliction. Thus, we find Arline to offer little guidance.

13

The EEOC regulations state that "a record of such impairment" means "a history of ... a mental or physical impairment that substantially limits one or more major life activities." 29 C.F.R. § 1630.2(k). Gutridge has failed to show that one or more of his major life activities was substantially limited. Moreover, we reject Gutridge's argument that such a record of impairment was established during his period of treatment and recovery. Disability under the ADA requires permanent or long-term impairments, see 29 C.F.R. Pt. 1630, App. § 1630.2(j), and impairments while recovering from surgery are not evidence of a permanent disability, see Heintzelman v. Runyon, 120 F.3d 143, 145 (8th Cir.1997).

[*~901]14

We conclude that Gutridge has failed to present a genuine issue of fact that he is disabled within the meaning of the ADA. In so doing, we necessarily reject Gutridge's argument that the District Court erred in dismissing his motion for summary judgment. We therefore affirm the District Court's grant of summary judgment to Computerland.

1

The Honorable Paul A. Magnuson, Chief Judge, United States District Court for the District of Minnesota, sitting by designation

2

The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska

3

Cases interpreting the definition of "handicap" under the Rehabilitation Act are instructive for purposes of interpreting "disability" under the ADA. See Wooten v. Farmland Foods, 58 F.3d 382, 385 n. 2 (8th Cir.1995)