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Janice Schmidt v. Metropolitan Utilities Distric, 08-1097 (2009)

Court: Court of Appeals for the Eighth Circuit Number: 08-1097 Visitors: 31
Filed: May 27, 2009
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 08-1097 _ Janice Schmidt, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Nebraska. Metropolitan Utilities District, * * [UNPUBLISHED] Appellee. * _ Submitted: May 18, 2009 Filed: May 27, 2009 _ Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges. _ PER CURIAM. Janice Schmidt appeals the district court’s1 adverse grant of summary judgment in this employment-discrimination action against her form
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                     United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 08-1097
                                   ___________

Janice Schmidt,                         *
                                        *
             Appellant,                 *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * District of Nebraska.
Metropolitan Utilities District,        *
                                        * [UNPUBLISHED]
             Appellee.                  *
                                   ___________

                              Submitted: May 18, 2009
                                 Filed: May 27, 2009
                                  ___________

Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
                         ___________

PER CURIAM.

        Janice Schmidt appeals the district court’s1 adverse grant of summary judgment
in this employment-discrimination action against her former employer, Metropolitan
Utilities District, asserting violations of the Americans with Disabilities Act (ADA).
Upon careful de novo review, see Johnson v. Blaukat, 
453 F.3d 1108
, 1112 (8th Cir.
2006) (standard of review), we conclude that summary judgment was proper.




      1
        The Honorable Laurie Smith Camp, United States District Judge for the
District of Nebraska.
       We agree with the district court that Schmidt failed to establish a prima facie
case because she failed to make a sufficient showing that she was “disabled” within
the meaning of the ADA: while her knee injury impacted her ability to walk, it did
not “substantially limit” that major life activity. See 42 U.S.C. § 12102(1) (defining
disability); Gretillat v. Care Initiatives, 
481 F.3d 649
, 653 (8th Cir. 2007) (major life
activities include walking, but difficulty walking long distances is not disability under
ADA); Nuzum v. Ozark Auto. Distribs., Inc., 
432 F.3d 839
, 846-48 (8th Cir. 2005)
(“substantially limited” means limited considerably or to large degree; to assess
substantiality of limitation, nature, severity, duration, and impact must be examined);
Schuhardt v. Washington Univ., 
390 F.3d 563
, 566 (8th Cir. 2004) (defendant is
entitled to summary judgment if plaintiff failed to make sufficient showing on
essential element of her case); Wood v. Crown Redi-Mix, Inc., 
339 F.3d 682
, 684 (8th
Cir. 2003) (prima facie case under ADA).

       Even if Schmidt had established an ADA-qualifying disability, she failed to
create a trialworthy issue as to whether she could have performed the essential
functions of her position. See Alexander v. Northland Inn, 
321 F.3d 723
, 727 (8th
Cir. 2003) (ADA plaintiff has burden to prove he can perform essential functions of
job with reasonable accommodation); Dropinski v. Douglas County, 
298 F.3d 704
,
709-10 (8th Cir. 2002) (job restructuring is possible accommodation under ADA, but
employer need not reallocate or eliminate essential functions of job); see also Lee v.
Spellings, 
447 F.3d 1087
, 1088-89 (8th Cir. 2006) (court may affirm on any basis
supported by record).

      Accordingly, we affirm.
                     ______________________________




                                          -2-

Source:  CourtListener

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