Thursday, April 07, 2005

SDNY on Substantial Limitation in Walking

In what's probably an all too typical ruling, Judge McMahon of the Southern District of New York dismissed the plaintiff's ADA claim in Kelly v. Rice, 2005 WL 756811 (SDNY Mar. 4, 2005) (just out on Westlaw). The plaintiff had fibromyalgia and other impairments that required her to walk with a cane, and that caused her pain if she walked even short distances. Granting defendants' 12(b)(6) motion, the court held that those facts could not establish a substantial limitation in the major life activity of walking: "The allegations in the Complaint indicate that plaintiff was able to walk short distances, including, on the date at issue, from a handicapped parking spot to the Wal-Mart store and back. The plaintiff was not 'substantially limited' in her major life activity--walking--so long as she used a cane."


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