Steven Nuzum, Sr. v. Ozark Automotive Distributors, Inc., Doing Business as O'Reilly Auto Parts

432 F.3d 839, 12 A.L.R. Fed. 2d 845, 17 Am. Disabilities Cas. (BNA) 688, 2005 U.S. App. LEXIS 28736, 2005 WL 3526707
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 27, 2005
Docket04-2850
StatusPublished
Cited by53 cases

This text of 432 F.3d 839 (Steven Nuzum, Sr. v. Ozark Automotive Distributors, Inc., Doing Business as O'Reilly Auto Parts) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steven Nuzum, Sr. v. Ozark Automotive Distributors, Inc., Doing Business as O'Reilly Auto Parts, 432 F.3d 839, 12 A.L.R. Fed. 2d 845, 17 Am. Disabilities Cas. (BNA) 688, 2005 U.S. App. LEXIS 28736, 2005 WL 3526707 (8th Cir. 2005).

Opinion

JOHN R. GIBSON, Circuit Judge.

The question in this case is whether Steven Nuzum, Sr., has an impairment that substantially limits a major life activity, thus entitling him to the protections of the Americans with Disabilities Act, known as the “ADA,” 42 U.S.C. § 12101-12213. Nuzum appeals from the district court’s 1 entry of summary judgment against him on his ADA claim against his former employer, Ozark Automobile Distributors, Inc., which does business under the name “O’Reilly Auto Parts.” We hold that Nuzum failed to show his impairment — tendinitis of his left elbow — resulted in a substantial limitation on any major life activity; accordingly, we affirm the judgment of the district court.

I.

Nuzum worked for Ozark as an order-picker, collecting auto parts from a warehouse to be distributed to retail stores and manually loading “totes” full of parts onto a conveyor belt. His job required him to lift as much as 60 pounds at a time. He hurt his elbow while lifting a heavy auto starter at work on about May 1, 2000. The pain continued, and on June 8, 2000 he visited a doctor, who diagnosed him with tendinitis. The doctor sent him to physical therapy and told him to avoid lifting, pushing, or pulling more than fifteen pounds with his left hand, which is his dominant hand. Over the next two years, he pursued medical treatment and remedies, and his condition fluctuated. As his injury waxed and waned, he asked for modification of his duties at work and received temporary assignments that did not require him to lift as much as usual.

On April 2, 2002, Nuzum’s doctor pronounced him recovered to the maximum extent that could be expected. The doctor issued permanent medical restrictions: Nuzum was limited to lifting ten pounds constantly, twenty pounds frequently, and forty pounds occasionally. At Nuzum’s deposition he described his impairment as follows:

Right now, I still don’t mow the lawn. To push a lawn mower I cannot do. Some household chores can be too strenuous to be lifting certain items. Even a basketful of laundry can hurt.... I don’t do it.
*842 Well, there’s some things I don’t do as much of, and that’s just the normal little things I’ve always done, work on my car and my sons’ cars.
I’ve been [coaching baseball, football, and basketball] for about 11 or 12 years, coaching year-round, and I don’t think the past couple years I’ve been as effective as a coach because I’ve been unable to have any hands-on and demonstrate certain abilities of things that the kids need to know, because I can’t throw a baseball like I used to, I can’t throw a football, I can’t shoot a basketball like I used to.
Like I miss, hugging my wife is different, can’t pull her as tight, and so there’s things that have changed, yeah.

The doctor who conducted an independent medical examination of Nuzum recounted that Nuzum’s sleep was disturbed by rolling onto his elbow while asleep; Nuzum reported sleeping about two and a half hours at a time, for a total of four to five hours’ sleep per night.

Nuzum and Ozark agree that the order picker job required Nuzum to lift up to sixty pounds and was therefore not within his now-restricted capabilities. Because Nuzum was not expected to improve, Ozark was no longer willing to allow Nuzum to do the modified jobs it had offered him while he was convalescing. Ozark offered him a part-time security guard position at a lower pay rate, which Nuzum declined. Ozark eventually offered Nuzum three choices: voluntary resignation, application for twelve weeks of Family and Medical Leave Act leave, or two weeks’ time to look for work within Ozark compatible with his restrictions. Nuzum chose the latter option, but he was not able to find another job at Ozark within two weeks. At the end of the period, Ozark terminated his employment.

Nuzum brought this action under the ADA and the Iowa Civil Rights Act, Iowa Code § 216, alleging that he was disabled and that Ozark had failed to accommodate his disability. The district court entered summary judgment against him. Nuzum v. Ozark Auto. Distrib., Inc., 320 F.Supp.2d 852 (S.D.Iowa 2004).

II.

Summary judgment should be entered only if the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. F.R. Civ. P. 56(c). We review de novo the district court’s entry of summary judgment. Brunko v. Mercy Hosp., 260 F.3d 939, 941 (8th Cir.2001).

Title I of the ADA 2 prohibits discrimination by a covered employer “against a qualified individual with a disability because of the disability.” 42 U.S.C. § 12112(a) (2000). An employer can discriminate by failing to make reasonable accommodation to the known limitations of an employee, 42 U.S.C. § 12112(b)(5)(A), which is the kind of discrimination Nuzum alleges. An individual does not prove that he or she has a disability simply by showing an impairment that makes it impossible to do his or her particular job without accommodation. See, e.g., Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184, 201, 122 S.Ct. 681, 151 L.Ed.2d 615 (2002). Rather, establishing “disability” is a significant hurdle that can *843 prevent a person who was denied a job because of an impairment from being covered by the ADA. E.g., Sutton v. United Air Lines, Inc., 527 U.S. 471, 476, 494, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999) (employer refused to offer plaintiffs jobs because of myopia, yet plaintiffs were not “disabled”); Shipley v. City of Univ. City, 195 F.3d 1020, 1023 (8th Cir.1999) (plaintiff not disabled although impairments prevented him from being able to perform former job as firefighter).

The principal meaning of “disability” consists of two parts: the individual must have (1) “a physical or mental impairment” that (2) “substantially limits one or more major life activities” of the individual. 42 U.S.C. § 12102(2). 3 In this case, there is no doubt that Nuzum suffers from a physical impairment.

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Bluebook (online)
432 F.3d 839, 12 A.L.R. Fed. 2d 845, 17 Am. Disabilities Cas. (BNA) 688, 2005 U.S. App. LEXIS 28736, 2005 WL 3526707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steven-nuzum-sr-v-ozark-automotive-distributors-inc-doing-business-as-ca8-2005.