45 F.3d 357 (10th Cir. 1995), 93-6398, White v. York Intern. Corp.

Docket Nº:93-6398.
Citation:45 F.3d 357
Party Name:David L. WHITE, Plaintiff-Appellant, v. YORK INTERNATIONAL CORPORATION, Defendant-Appellee.
Case Date:January 05, 1995
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit

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45 F.3d 357 (10th Cir. 1995)

David L. WHITE, Plaintiff-Appellant,



No. 93-6398.

United States Court of Appeals, Tenth Circuit

January 5, 1995

Page 358

Submitted on the briefs: [*]

Calvin W. Hendrickson, Pierce, Couch, Hendrickson, Baysinger & Green, Oklahoma City, OK, and Mark D. Nation, Midwest City, OK, for appellant.

Jim T. Priest and Debra B. Cannon, McKinney, Stringer & Webster, P.C., Oklahoma City, OK, for appellee.

Before MOORE, McWILLIAMS, and ANDERSON, Circuit Judges.


David White, the plaintiff below, appeals from the district court's grant of summary judgment to the defendant, York International Corporation ("York") --- F.Supp. ----. White's suit alleges that he was illegally terminated by York because of his disability, in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. Secs. 12101-12213. We exercise jurisdiction pursuant to 28 U.S.C. Sec. 1291 and affirm.


In 1983, White was hired by York, a manufacturer of commercial air conditioners, for

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the position of Unit Assembler. This position required lifting and continuous standing. In July of 1984, White broke his right ankle in a non-work-related accident. Following a four-month leave of absence, White returned to his same position at York. By letter of November 1, 1984, White's doctor, Dr. John B. Gruel, indicated that White should avoid standing for longer than two hours, limit his walking, and avoid jumping from heights. All of these restrictions, except for the restriction on jumping, eventually were lifted.

In 1990, White applied for, and received, a transfer to another position, Machine Operator II. Like the Unit Assembler position, the Machine Operator II position required lifting and continuous standing. White Dep., Appellant's App. at 48-51.

On August 13, 1991, White sustained another non-work-related injury to his ankle and took medical disability leave from York. Shortly thereafter, he was advised by Dr. Gruel to undergo arthrodesis, a surgical procedure by which the patient's ankle is immobilized, or fused. White had the procedure performed on March 27, 1992.

On August 3, 1992, White presented York a medical release from Dr. Gruel which contained the following restrictions: work as tolerated; no standing for longer than four hours; and no lifting more than fifteen pounds.

Finding the "work as tolerated" restriction ambiguous, York opted to exercise its rights under the Employee Guide to request an independent medical exam. Deposition of Thomas Hanson, York's Employee and Community Relations Manager, Appellant's App. at 75-76. Dr. Tom Ewing examined White and determined that he was unable to return to work at that time because, in Dr. Ewing's opinion, the ankle fusion was not complete. 1

By letter dated September 18, 1992, York terminated White. It cited as the reason for his termination the fact that he had been absent from work for a twelve-month period. 2 The letter went on to state that, in light of his medical restrictions, the company was unaware of any accommodations it could reasonably make which would allow White to perform his job. See Appellant's App. at 80.

White filed suit against York, claiming that he was discharged because of his disability, in violation of the ADA and Oklahoma state law. York moved for summary judgment, arguing that White's injury was not a "disability," as that term is defined in the ADA. Alternatively, York claimed that (1) even if White were disabled, he could not perform the "essential functions" of his job; (2) York could not "reasonably accommodate" his disability; and (3) in any event, he was terminated under a nondiscriminatory absentee policy.

In response, White argued that York's stated reason for terminating him, the absenteeism policy, was a mere pretext, and that the real reason he was terminated was because he was disabled. 3 He further claimed that he could perform the essential functions of the job if he were afforded "reasonable accommodation." White Aff., Appellant's App. at 123.

The district court granted York's motion for summary judgment. In its order, the court noted that a factual dispute existed as to whether or not White was disabled. The court found, however, that even if he were disabled, White had failed to adduce any evidence supporting his contention that with reasonable accommodation he could perform the essential functions of his job. Thus, the court concluded, because White had failed to adduce evidence in support of an essential

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element of his claim, i.e., that he was a "qualified individual with a disability," 42 U.S.C. Sec. 12111(8), summary judgment in favor of York was proper. 4

We review the district court's grant of summary judgment de novo to determine whether there is a genuine issue as to any material fact and whether the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986); Concrete Works of Colo., Inc. v. City and County of Denver, 36 F.3d 1513, 1517 (10th Cir.1994). If a reasonable trier of fact could not return a verdict for the nonmoving party, summary judgment is proper. Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); id. at 330 n. 2, 106 S.Ct. at 2556 n. 2 (Brennan, J., dissenting); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Concrete Works of Colo., Inc., 36 F.3d at 1518.

The very purpose of a summary judgment action is to determine whether trial is necessary. Thus, the nonmoving party must, at a minimum, direct the court to facts which establish a genuine issue for trial. In the face of a properly supported motion for summary judgment, the nonmoving party may not rely upon unsupported allegations without " 'any significant probative evidence tending to support the complaint.' " Anderson, 477 U.S. at 249, 106 S.Ct. at 2510 (quoting First Nat'l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 290, 88 S.Ct. 1575...

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