Opinion
00 Civ. 9549 (DC)
May 8, 2002
ORDER
Rite Aid's motion for reargument is denied for the reasons set forth in the Court's memorandum decision dated April 23, 2002. I add only the following. Lohengryn Gonzalez's heart ailment is a physical impairment within the meaning of the ADA, and the question of whether "extreme physical exercise," "strenuous lifting," and "strenuous activity" are activities that are of "central importance to most people's daily lives" is best decided by a jury at trial. Although there does not appear to be significant disagreement between the parties as to the particulars of plaintiff's medical condition, there is disagreement as to the inferences to be drawn from those facts. Moreover, as I noted, even if plaintiff is not disabled within the meaning of the ADA, he can proceed on the theory that he has been discriminated against because of a perceived disability.
As for the issues raised regarding exchanges between opposing counsel and non-party witnesses, the Court will address these issues at the pre-trial conference scheduled for May 10, 2002.