Brunko v. Mercy Hospital,
No. 00-2989 (8th Cir. Aug. 15, 2001)

A nurse injured her back while working at defendant hospital's trauma center, had surgery to repair the damage and was permitted to return to work without restriction. She eventually began to experience pain and after further treatment returned to work under a permanent lifting restriction of no more than 40 pounds issued by her personal physician. At the time, the hospital had a 75-pound lifting requirement for all nurses. The nurse sued, claiming that the hospital terminated her employment because of her lifting restriction which was in violation of the ADA. The hospital claimed that it offered her several other positions within the hospital and that she accepted employment elsewhere of her own volition. The trial court granted summary judgment to the hospital and the nurse appealed.

The United States Eighth Circuit Court of Appeals upheld the lower court decision based upon a finding that, while lifting has been identified as a major life activity, a general lifting restriction without more is insufficient to constitute a disability within the meaning of the ADA.