Marinelli v. City of Erie

216 F.3d 354, 10 Am. Disabilities Cas. (BNA) 1157, 2000 U.S. App. LEXIS 14420, 2000 WL 802933
CourtCourt of Appeals for the Third Circuit
DecidedJune 22, 2000
Docket99-3027
StatusUnknown
Cited by85 cases

This text of 216 F.3d 354 (Marinelli v. City of Erie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marinelli v. City of Erie, 216 F.3d 354, 10 Am. Disabilities Cas. (BNA) 1157, 2000 U.S. App. LEXIS 14420, 2000 WL 802933 (3d Cir. 2000).

Opinion

OPINION OF THE COURT

GARTH, Circuit Judge:

At the time of its passage, many rightfully hailed the Americans with Disabilities Act (ADA) as comprehensive civil rights legislation. See, e.g., Statement by President George Bush upon Signing S.933, 26 WEEKLY Comp. Pres. Doc. 1165 (July 30, 1990) (stating that the ADA “promises to open up all aspects of American life to individuals with disabilities”). Notwithstanding its comprehensive nature, however, the ADA’s employment provisions specifically limit its protections to those individuals who can establish that they are indeed “disabled.” Upon the ADA’s promulgation, both the House and the Senate stipulated that Congress did not intend the ADA to protect those who suffered from “minor, trivial impairments”; to the contrary, an individual is only “disabled” under the auspices of the ADA if his “important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people.” H.R. Rep. No. 101-485(11), 101st Cong. 2nd Sess. at 52(1990), U.S.Code Cong. & Admin.News 1990, pp. 303, 334; S. Rep. No. 101-116, at 23 (1989).

Alfred Marinelli (“Marinelli”) brought the present action against the City of Erie (“the City”) in February 1994. Marinelli essentially averred that the City violated the ADA when it failed to provide him with an accommodation that would allegedly have allowed him to return to his previous position as a member of the City’s shift crew, notwithstanding the residual medical difficulties from which he suffered as a result of injuries sustained in an earlier truck accident. After Marinelli had submitted his evidence at trial, the City moved the District Court for judgment as a matter of law, arguing that Marinelli had not introduced sufficient evidence for a reasonable juror to conclude that he was “disabled” under the ADA. The District .Court denied the motion, and the jury returned a verdict in favor of Marinelli. *357 Because the record discloses that Marinelli only suffered from a “minor impairment” as opposed to the more substantial forms of “disability” Congress intended to protect through the ADA, we will vacate the judgment entered in favor of Marinelli, and remand this matter to the District Court with instructions to enter judgment as a matter of law in favor of the City.

I

Marinelli was born and raised in Erie, Pennsylvania. He has received his high school diploma, and is now taking college-level classes in pursuit of his teacher certification. After his graduation from high school, Marinelli held several low-paying and low-skilled jobs including that of laborer, janitor, vending machine maintenance, and street meter reader.

Marinelli’s employment with the City began on July 16, 1974, when he assumed a position as a laborer in the City’s waste water treatment plant. Eventually, Mari-nelli transferred into the City’s Streets Department as a laborer, a position that entailed many manual tasks, such as cutting grass, filling pot holes, and removing fallen leaves from the street. In 1978, Marinelli became a truck driver for the City, driving one or five ton trucks that, primarily during the winter months, were utilized to clear the snow from City streets, and apply salt to the streets in order to prevent icing. During the summer months, Marinelli was responsible for laying asphalt.

In 1989, Marinelli obtained a position with the City’s “shift crew” that he possessed at all times relevant to the present appeal. Although Marinelli admitted that he never saw an actual job description for the “shift crew” position, he testified that the job consisted of a myriad of different tasks, including answering telephones, responding to emergency needs for labor, pumping gas for City vehicles, and snow plowing during the cold winter months of Northern Pennsylvania. Marinelli indicated that he and his colleagues divided this labor amongst themselves according to their varied preferences on a given day, and that it was not uncommon for one individual to work primarily on one task exclusively — especially if that individual’s ability to work was hampered by medical problems.

In the early morning hours of January 18, 1991, Marinelli was driving a snow plow on City streets when another individual driving a pick-up truck lost control of his vehicle and collided with Marinelli. Although Marinelli did not seek immediate medical assistance, he alleges that he experienced such great pain within thirty-six hours that he visited the emergency room at his local hospital. The emergency room doctor told Marinelli simply to rest, and to seek a consultation with an orthopedist. Dr. Rahner, the orthopedist with whom Marinelli consulted, ordered an MRI and referred Marinelli to Dr. Duncombe, a neurologist. Dr. Duncombe conducted basic neurological tests and eventually suggested that Marinelli receive physical therapy as a form of treatment.

During this time, Marinelli had not returned to work and had sought worker’s compensation benefits. At trial, Marinelli testified that he could not return to work because hé had continuing residual pain in his arm. More specifically, Marinelli stated that “[t]he main factors were increasing pain with repetitive use of my left arm. The more I used my arm, the more pain I would get, the more I’d have to lay down till [sic] it would go away.” App. at 70a. In more practical terms, Marinelli alleged that after the injury, he could no longer perform household chores, including scrubbing floors, washing walls, and shoveling the snow from the driveway. Marinelli also testified that as a result of his injuries, he remains unable either to operate a circular saw or to drive the snow plows that the City utilizes and requires typical shift crew members to employ. Particularly, Marinelli stated the following:

*358 I can do most of the shift crew work, if not all of it, depending on the weather. The only problem I would have ■ doing the shift crew work would be when it’s really cold or really wet, that’s when my .arm and neck kick up really bad.

App. at 97a.

When Marinelli attempted to return to his former position in October 1992, he asked the City to modify his workload to take into account his medical difficulties. Specifically, Marinelli requested the City to allow him to return to the shift crew position he held prior to his injury, except that he would primarily answer phones (and perform other sedentary tasks) rather than perform all of the tasks for which a typical shift crew member would be responsible. Indeed, as stated earlier, Mari-nelli testified that the City had structured other shift crew members’ work load in a like fashion in order to compensate for their particular impairments. The City refused to provide such an accommodation to Marinelli, and on January 3, 1993, Mari-nelli filed a charge against the City with the EEOC, claiming that the City had discriminated against him as a result of his injuries, and therefore in violation of the ADA.

After Marinelli filed his charge with the EEOC, the parties entered a stalemate period, with neither Marinelli nor the City taking much action to find Marinelli a suitable position with the City. By the summer of 1993, Marinelli began looking for alternative positions with other employers.

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Bluebook (online)
216 F.3d 354, 10 Am. Disabilities Cas. (BNA) 1157, 2000 U.S. App. LEXIS 14420, 2000 WL 802933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marinelli-v-city-of-erie-ca3-2000.