Tibbs

Tibbs v. St. Paul Fire & Marine Insurance

Good Law
48 F. App'x 622
United States Court of Appeals for the Ninth CircuitOctober 2, 2002No. 01-35813; D.C. No. CV-00-00550-JCCCalifornia502 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant/Plaintiff John Tibbs (“Tibbs”) appeals the district court’s grant of summary judgment in favor of his former employer, St. Paul Fire & Marine Insurance Company (“St.Paul”), on Tibbs’ action under the Americans with Disabilities Act (“ADA”) 42 U.S.C. § 12111 (a) and the Washington Law Against Discrimination (‘WLAD”) RCW 49.60. Tibbs also appeals the district court’s denial of his summary judgment motion and various pretrial rulings.

The ADA prohibits discrimination “against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112 (a) (1995). Tibbs failed to raise a material question of fact regarding whether he was disabled under the ADA. Specifically, Tibbs failed to raise a material question of fact regarding substantial limitation of a major life activity. See Thompson v. Holy Family Hosp., 121 F.3d 537, 540 (9th Cir.1997). Accordingly, entry of summary judgment in favor of St. Paul and denial of Tibbs’ motion for summary…

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