Eighth Circuit rules against claim of disability, …
Eighth Circuit rules against claim of disability, rejecting evidence of substantial limitation of sleeping & sexual activity as untimely
In Philip v. Ford Motor Co. (8th Cir. 5/21/03),, plaintiff did not raise sleeping and sex issues until way past discovery cutoff, focusing only on gripping, reaching, lifting, standing, sitting, and walking.
Evidence was these latter activities were limited only with respect to working, as he admitted performing numerous activities of daily living without substantial limitation.
Court rejects argument that intervening Supreme Court decision in Toyota Motor Mfg., Inc. v. Williams justified failure to raise sleeping and sex limitations earlier.
Query: would court have held that sleeping and sex limitations established disability had it not found a procedural dodge?
Reminder: counsel on both sides in ADA cases need to fully develop evidence of limitations (or lack thereof) with respect to ALL CONCEIVABLE major life activities.
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