United States Tenth Circuit

District court erred in granting summary judgment to defendant on employee's ADA claim. She raised a genuine issue of material fact as to whether her asthma substantially limits her breathing and thus a major life activity.

Appellate Information

• Decided 01/29/2004
• Published 01/29/2004

Judges

• MURPHY, Circuit Judge., Before BRISCOE, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• J. Douglas Foster (Kerri L. Peck with him on the briefs), Foster, Johnson, McDonald, Lucero, Koinis, LLP, Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Edward Ricco (Thomas L. Stahl, Jeffrey L. Lowry, with him on the brief), Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendants-Appellees.