Chappell v. Jonco Fleet Svc Inc

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 01-10282
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MURRAY L. CHAPPELL,
Plaintiff-Appellant,
VERSUS
JONCO FLEET SERVICES, INC.,
Defendant-Appellee.
_________________________
Appeal from the United States District Court
for the Northern District of Texas
m 3:99-CV-1069-M
_________________________
January 2, 2002
Before JOLLY, SMITH, and BENAVIDES,
Circuit Judges.
PER CURIAM:*
Murray Chappell appeals a summary
judgment in this action he brought under the
Americans with Disabilities Act. The
defendant, Jonco Fleet Services, Inc., refused
to hire Chappell because there were
restrictions on how much he could lift. He
claims that the refusal to hire was because the
company perceived him as disabled.
We have reviewed the briefs and pertinent
portions of the record and have heard the
arguments of counsel. We affirm the judgment
* Pursuant to 5TH CIR. R. 47.5, the court has
determined that this opinion should not be published
and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.

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of the district court adopting the findings and
recommendations of the magistrate judge.
The summary judgment record establishes
that Chappell was not perceived as precluded
from a broad range of jobs. For example, he
could have been a truck driver for some
employer other than Jonco, and nothing in
Jonco’s perception indicated to the contrary;
he was not perceived as substantially limited in
a major life activity as that term is understood
under the ADA.
AFFIRMED.

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