Trelenberg v. 21st Century Ins. & Fin. Servs., Inc., 2014 U.S. Dist. LEXIS 57051 (E.D. Pa. 4/24/14)

The court granted employer's motion to dismiss, holding that plaintiff's wrist injury was not a disability under the Americans with Disabilities Act as a matter of law.

The plaintiff alleged that she sustained a wrist injury during her employment and that the injury resulted in chronic tendonitis, which required her to wear a wrist splint and restricted her lifting to less than 20 pounds.  Following her injury, the plaintiff alleged that her employment was terminated in violation of the Americans with Disabilities Act.  Following the receipt of her complaint, the employer filed a motion to dismiss, arguing that the plaintiff could not sustain a claim under the Americans with Disabilities Act because she failed to plead sufficient facts supporting her contention that she was "disabled."  The plaintiff opposed the motion, arguing that she was disabled in the "major life activities" of lifting and working.  In rejecting the plaintiff's argument, the court determined that the plaintiff was not "disabled" under the Americans with Disabilities Act.  In so holding, the court reasoned that if plaintiff failed to plead any facts demonstrating that her alleged lifting restriction was substantial, as she admitted that she could perform the essential functions of her job.  Similarly, the court noted that the plaintiff merely asserted that she could not perform one facet of her position (lifting boxes of copy paper), as opposed to the requirement that she was precluded from performing a broad class of jobs due to her alleged "disability."

Case Law Alerts, 3rd Quarter, July 2014