Wednesday, April 06, 2005

D. Conn. Holds Injury to Right Index Finger Isn't an ADA "Disability"

The case is Balonze v. Town Fair Tire Centers, Inc., 2005 WL 752198 (D. Conn., Mar. 31, 2005). Here's the key analysis:

In her deposition, plaintiff described the limitations to her daily life caused by her finger condition. She testified that she had difficulty braiding her hair and her daughter's hair, although she was able to fix her own hair after she recovered from her surgery in 1999 (Pl.'s Dep. at 43); that although she had trouble opening jars, she was usually able to open them with her left hand (Pl.'s Dep. at 44); that she had trouble folding clothes a few times (Pl.'s Dep. at 44); that she still has trouble lifting laundry and groceries (Pl.'s Dep. at 44-45); and that she limits her grocery shopping because of this (Pl .'s Dep. at 45-46). She testified that there are no other ways in which her finger condition has affected her life. (Pl.'s Dep. at 46 & 146-48.) These limitations are not so substantial as to severely restrict plaintiff from doing the activities that are of central importance to most people's daily lives.
You sort of wonder why lawyers bring cases like this.


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