context: Analysis of the substantially limiting effect of a breathing impairment focuses on the severity and the frequency of the impairment.
citation_a.signal: see also
citation_a.identifier: 1997 WL 94688, at *2
citation_a.parenthetical: finding plaintiffs breathing not substantially limited where plaintiffs asthma caused him difficulty but did not prevent him from engaging in activities such as walking or playing baseball
citation_a.sentence: See Muller v. Costello, 187 F.3d 298, 313-14 (2nd Cir.1999) (finding plaintiffs breathing problems due to secondhand smoke exposure at work not substantially limited because plaintiff engaged in substantial physical activity outside work without breathing problems); Zirpel v. Toshiba Am. Info. Sys., Inc., 111 F.3d 80, 81 (8th Cir.1997) (finding plaintiffs panic attacks, although they hampered breathing did not substantially limit breathing because the attacks were infrequent and very manageable); Robinson v. Global Marine Drilling Co., 101 F.3d 35, 37 (5th Cir.1996) (finding plaintiffs breathing not substantially limited because “[s]everal instances of shortness of breath when climbing stairs do not rise to the level of substantially limiting the major life activity of breathing”); see also White v. Honda of America Mfg., Inc., 241 F.Supp.2d 852 (S.D.Ohio 2003) (finding plaintiffs breathing not substantially limited because plaintiff only had difficulty breathing when exposed to certain irritants and that exposure resulted only in brief symptoms); Minnix v. City of Chillicothe, No. 98-4285, 2000 WL 191828, at *2 (6th Cir. Feb.10, 2000) (finding plaintiffs breathing not substantially limited as there was no medical evidence that plaintiffs breathing problems were “severe, long term, or permanent”); Ventura v. City of Independence, No. 95-3582, 1997 WL 94688, at *2 (6th Cir. Mar.4, 1997) (finding plaintiffs breathing not substantially limited where plaintiffs asthma caused him difficulty but did not prevent him from engaging in activities such as walking or playing baseball).
citation_b.signal: see
citation_b.identifier: 187 F.3d 298, 313-14
citation_b.parenthetical: finding plaintiffs breathing problems due to secondhand smoke exposure at work not substantially limited because plaintiff engaged in substantial physical activity outside work without breathing problems
citation_b.sentence: See Muller v. Costello, 187 F.3d 298, 313-14 (2nd Cir.1999) (finding plaintiffs breathing problems due to secondhand smoke exposure at work not substantially limited because plaintiff engaged in substantial physical activity outside work without breathing problems); Zirpel v. Toshiba Am. Info. Sys., Inc., 111 F.3d 80, 81 (8th Cir.1997) (finding plaintiffs panic attacks, although they hampered breathing did not substantially limit breathing because the attacks were infrequent and very manageable); Robinson v. Global Marine Drilling Co., 101 F.3d 35, 37 (5th Cir.1996) (finding plaintiffs breathing not substantially limited because “[s]everal instances of shortness of breath when climbing stairs do not rise to the level of substantially limiting the major life activity of breathing”); see also White v. Honda of America Mfg., Inc., 241 F.Supp.2d 852 (S.D.Ohio 2003) (finding plaintiffs breathing not substantially limited because plaintiff only had difficulty breathing when exposed to certain irritants and that exposure resulted only in brief symptoms); Minnix v. City of Chillicothe, No. 98-4285, 2000 WL 191828, at *2 (6th Cir. Feb.10, 2000) (finding plaintiffs breathing not substantially limited as there was no medical evidence that plaintiffs breathing problems were “severe, long term, or permanent”); Ventura v. City of Independence, No. 95-3582, 1997 WL 94688, at *2 (6th Cir. Mar.4, 1997) (finding plaintiffs breathing not substantially limited where plaintiffs asthma caused him difficulty but did not prevent him from engaging in activities such as walking or playing baseball).