Daponte v. Manfredi Motors, Inc.

• Decision Date: 09 September 2004
• Docket Number: No. 01 CV 2734(SJ).,01 CV 2734(SJ).
• Citation: 335 F.Supp.2d 352
• Parties: Arthur DAPONTE and Marcia Daponte, Plaintiffs, v. MANFREDI MOTORS INC., Manfredi Management Corp., Staten Island Motors Inc., Manfredi Auto Central LLC, Nicholas "Nick" Manfredi, individually and in his official capacity, and Corrado "Joe" Manfredi, individually and in his official capacity, Defendants.
• Court: U.S. District Court — Eastern District of New York

Page 352

335 F.Supp.2d 352

Arthur DAPONTE and Marcia Daponte, Plaintiffs, v. MANFREDI MOTORS INC., Manfredi Management Corp., Staten Island Motors Inc., Manfredi Auto Central LLC, Nicholas "Nick" Manfredi, individually and in his official capacity, and Corrado "Joe" Manfredi, individually and in his official capacity, Defendants.

No. 01 CV 2734(SJ).

United States District Court, E.D. New York.

September 9, 2004.

COPYRIGHT MATERIAL OMITTED

Quesada & Moore, LLP, By Victoria Quesada, West Hempstead, NY, for Plaintiff.

Fisher & Phillips, LLP, By Mairen Claire Kelly, Atlanta, GA, for Defendant.

Rains & Pogrebin, P.C., By James Patrick Clark, Mineola, NY, for Defendant.

MEMORANDUM AND ORDER

JOHNSON, Senior District Judge.

Plaintiffs Arthur DaPonte ("A. DaPonte") and Marcia DaPonte ("M. DaPonte") (collectively, "Plaintiffs") brought the current action against Defendants Manfredi Motors, Inc., Manfredi Management Corp., Staten Island Motors, Inc., Manfredi Auto Central, LLC, Nicholas "Nick" Manfredi, and Corrado "Joe" Manfredi (collectively, "Defendants"). Currently before this Court are Defendants' motion for summary judgment and Defendants' motion to strike portions of Dr. Mark Dennis DeLacure's affidavit. This Court listened to oral argument on October 17, 2003. For the reasons set forth herein, Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART. Because this Court no longer has jurisdiction over the remaining state law claims, the motion to strike is moot.

BACKGROUND

On October 5, 2001, Plaintiffs brought this action against Defendants. Arthur DaPonte, a former employee of Defendants, alleged violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.; New York State Human Rights Law ("NYSHRL"), N.Y. McKinney's Exec. Law § 296 et seq.; and New York City Human Rights Law ("NYCHRL"), New York City Admin. Code § 8-107 et seq., as well as common law claims for negligent and fraudulent misrepresentation. Marcia DaPonte, Arthur DaPonte's wife, brought a common law claim for loss of consortium. On December 2, 2002, Arthur DaPonte died of laryngeal cancer. Marcia DaPonte continues to litigate this action on behalf of herself and her deceased husband. For the sake of simplicity, the Court will refer to Arthur DaPonte and Marcia DaPonte individually as "A. DaPonte" and "M. DaPonte," and collectively as "Plaintiffs." The following is a brief history of the facts underlying this case.

A. DaPonte was hired as a car salesperson by Defendant Staten Island Motors on two separate occasions. He was initially hired in 1997, fired in 1998, and then re-hired in July 1999. Plaintiffs allege that before A. DaPonte was re-hired, Ira Romano, Staten Island Motors' Sales Manager, promised him health insurance within 90 days after commencing employment. (Compl. ¶¶ 53, 55-56; A. DaPonte Dep. at 94.) Plaintiffs claim that on the basis of that oral promise, A. DaPonte accepted the offer of employment. (Compl. ¶ 53.) Between November 1999 and April 2000, A. DaPonte repeatedly requested medical benefits, but was first issued medical coverage on April 1, 2000. (Compl. ¶¶ 57-58 67.) Throughout this period, A. DaPonte never missed work for health-related reasons and believed he was in good health. (A. DaPonte Dep. at 142, 147.)

In December 1999, A. DaPonte began spitting up phlegm, his voice became raspy, and he frequently needed to clear his throat. (Id. at 120-21; Pls.' Mem. of Law in Opp'n to Summ. J. ("Pls.' Opp'n") at 3.) In early April 2000, shortly after he was issued medical coverage, A. DaPonte was diagnosed with throat cancer, for which he underwent surgery on April 28, 2000. Although Plaintiffs claim that A. DaPonte's employment was terminated in May or June 2000, the record clearly demonstrates that his job remained intact for more than one year after April 28, 2000, the date on which he went out on medical leave. (Ferrante Dep. at 48-49; Defs.' Ex. 11.)

DISCUSSION

I. Summary Judgment Standard

A moving party is entitled to summary judgment if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden is on the movant to establish the absence of any genuine issue of material fact. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548; see also Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir.1995).

Once the movant has made a properly supported motion for summary judgment, the burden shifts to the nonmoving party to present "significantly probative" supporting evidence showing that there is a material factual issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Court must view the underlying facts in the light most favorable to the plaintiff, resolving all ambiguities and drawing all inferences in his favor. See Kerzer v. Kingly Mfg., 156 F.3d 396, 400 (2d Cir.1998). Summary judgment should be granted "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548; see also Sim v. New York Mailers' Union No. 6, 166 F.3d 465, 469 (2d Cir.1999).

II. ADA, NYSHRL, and NYCHRL Claims¹

A. DaPonte alleges that: (1) at the time A. DaPonte was denied medical insurance by Defendants, he was suffering from symptoms of throat cancer, and that this constituted a disability under 42 U.S.C. § 12102(2)(A); (2) alternatively, A. DaPonte was disabled under 42 U.S.C. § 12102(2)(C) because Defendants perceived him as suffering from an impairment affecting his larynx; (3) Defendants' decision to withhold medical benefits was related to A. DaPonte's disability and/or perceived disability; and (4) in denying A. DaPonte medical benefits, Defendants denied A. DaPonte a reasonable accommodation for his disability. (Compl. ¶¶ 76-93.) Defendants counter that: (1) A. DaPonte was not disabled within the meaning of the ADA at any time prior to attaining health benefits on April 1, 2000; (2) Defendants did not perceive A. DaPonte as suffering from a disability until the day before his surgery; (3) even if A. DaPonte was disabled, Defendants' decision to withhold benefits was unrelated to his disability; and (4) medical benefits are not one of the "reasonable accommodations" that employers are required to provide to disabled employees. (Defs.' Mem. of Law in Supp. of their Mot. for Summ. J. ("Defs.' Mot.") at 11-14.) This Court finds that Defendants must prevail as a matter of law because Plaintiffs have failed to establish a prima facie case of disability discrimination under the ADA.

To make out a prima facie case of disability discrimination under the ADA, a plaintiff must establish that: "(1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified to perform the essential functions of his job, with or without reasonable accommodation; and (4) he suffered adverse employment action because of his disability." Giordano v. City of New York, 274 F.3d 740, 747 (2d Cir.2001). In the case at bar, Defendants do not dispute that they are subject to the ADA.

The ADA defines a disability as (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. 42 U.S.C. § 12102(2). To prove that he is disabled under § 12102(2)(A), a plaintiff must prove that (1) he suffers from an impairment (2) which affects a major life activity, and (3) which "substantially limits" the major life activity. Bragdon v. Abbott, 524 U.S. 624, 631, 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998).

Here, even if Plaintiffs could prove that A. DaPonte suffered from an impairment of his larynx which affected the major life activity of speaking, Plaintiffs could not prove that his ability to speak was "substantially limited." There is no dispute that, over the course of his employment, A. DaPonte experienced a change in the quality and tone of his voice, increased frequency in coughing, hoarseness, and throat clearing, and weight loss. However, the record is devoid of any evidence showing that prior to his operation on April 28, 2000, A. DaPonte's capacity to speak was substantially limited or that he could not communicate with others. As A. DaPonte testified in his deposition, he continued to work in his normal capacity as a car salesman until April 27, 2000 — the day before his operation. (A. DaPonte Dep. at 151.) He continued to smoke and even increased his smoking as his anxiety about his health increased. (Id.) In fact, as of April 3, 2000, he believed he was in good health. (Id. at 147.) Upon considering the evidence in the record, this Court finds that A. DaPonte's speech-related impairment did not substantially limit his major life activity of speaking. See Hooper v. St. Rose Parish, 205 F.Supp.2d 926, 929 (N.D.Ill.2002); Ross v. GTE Directories Corp., 73 F.Supp.2d 1342, 1346-47 (M.D.Fla.1999).

Alternatively, Plaintiffs argue that A. DaPonte was disabled under 42 U.S.C. § 12102(2)(C) because Defendants perceived him as suffering from an impairment affecting his larynx. A. DaPonte would fall within this subsection if Defendants made an employment decision based on a "physical or mental impairment, real or imagined, that is regarded as substantially limiting a major life activity." Sutton v. United Air Lines, 527 U.S. 471, 490, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999). Plaintiffs' arguments demonstrate, at best, that Defendants perceived a difference in A. DaPonte's...