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CAROSELLI v. ALLSTATE INSURANCE COMPANY

February 20, 2004.

CORINNE CESARIO CAROSELLI Plaintiff,
v.
ALLSTATE INSURANCE COMPANY, Defendant



The opinion of the court was delivered by: WAYNE ANDERSEN, District Judge

MEMORANDUM, OPINION AND ORDER

This case is before the Court on the defendant Allstate Insurance Company's motion for summary judgement. For the following reasons, the motion for summary judgment is granted.

BACKGROUND

  The following undisputed facts are taken from the parties' Local Rule 56 statements of facts. Plaintiff Corinne Cesario Caroselli began her employment with Allstate in October 1983. In September 1991, Caroselli was diagnosed with fibromyalgia. The symptoms of fibromyalgia consist of, among other things, muscle spasms, pain due to muscle spasms, swelling of tissue, headaches, and stomach problems.

  In 1992 after her diagnosis, Caroselli reduced her work schedule to three days a week-Tuesday, Wednesday and Thursday. Although Caroselli has fibromyalgia, she is able to wake up, get out of bed and perform all of the normal morning activities, including using the bathroom, brushing her teeth, bathing, taking her medication, dressing herself and fixing Page 2 her hair and makeup, without any assistance. She also helps her daughter get ready for school and walks her daughter to the bus stop each morning.

  Caroselli regularly performs household chores such as making beds, rinsing and stacking dishes in the dishwasher, straightening up around the house, taking newspapers to the trash, sorting and organizing the family's mail, cooking and doing the laundry. However, Caroselli does need help making the beds and carrying the laundry, and she also cannot lift certain Caphalon pots when she is cooking. During certain limited periods of time, Caroselli experienced greater difficulty in performing some of these tasks. Although it may have taken her longer to accomplish these routine tasks, Caroselli still was able to perform most of these tasks without assistance.

  Caroselli also remains able to go for walks and has been able to travel since her diagnosis. Her condition also has not limited her ability to read, either at work or at home, or watch television. She also participates in various exercises programs, including Pilates, in which she has progressed to an advanced level. She also receives massage therapy for her condition. Since her diagnosis, Caroselli has experienced some difficulty with sleeping. However, on average, she receives six hours of sleep per night and by taking a nap during the day, she is able to obtain an average of eight hours sleep in a twenty four hour period.

  From 1992 through 2000, Caroselli worked a reduced schedule at Allstate. Caroselli was Senior Marketing Manager for a specific distribution channel at Allstate, the Glenbrook Channel, and was responsible for performing marketing support functions for sales teams in the Glenbrook Channel. In July 2000, Allstate experienced a significant increase in the demand for its financial products and hired additional sales people to sell its financial Page 3 products. As a result, Allstate reorganized, and the Senior Marketing Manager was assigned to a distribution channel and became a Channel Manager. After the reorganization, Caroselli's job duties changed and her responsibilities increased dramatically. As a result of the increase in demand for marketing support, Allstate determined that a Channel Manager must be available Monday through Friday.

  In August 2000, Caroselli's supervisor advised Caroselli that because of the growth in business and the corresponding increase in demands for the Glenbrook Channel group she would have to work a full time schedule. Caroselli, however, responded that because of her fibromyalgia she could only work three days a week and only Tuesday through Thursday. As an alternative, Caroselli suggested that Allstate hire a "qualified assistant" to help her with projects. However, Caroselli's supervisor did not think this alternative solution would work because it still would mean that Caroselli, as the person ultimately responsible for the production and delivery of the marketing materials and support, would not be available for two days of the week.

  From the middle of September 2000 through the middle of October, Caroselli was out of the office on medical leave. When she returned, Caroselli learned that she would be reporting to Maribeth Barrett. In November 2000, Maribeth Barrett was hired to take over Caroselli's position as Channel Manager for the Glenbrook Channel. Caroselli, however, retained her job title and benefits as Senior Marketing Manager, and a majority of her duties and responsibilities remained the same. In February 2001, Caroselli began another medical leave of absence. On July 21, 2003, Allstate discharged Caroselli. Page 4

  Caroselli has filed a two count complaint against Allstate, alleging a violation of The Americans with Disabilities Act (the "ADA") and intentional infliction of emotional distress. Allstate has moved for summary judgment on both counts.

  DISCUSSION

  I. Summary Judgment Standard

  Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED. R. Civ. P. 56(c). In considering such a motion, the court accepts as true the evidence set forth by the non-moving party and draws all reasonable inferences in favor of the party opposing the motion. Associated Milk Producers, Inc. v. Meadow Gold Dairies, 27 F.3d 268, 270 (7th Cir. 1994). The moving party bears the burden of demonstrating an absence of evidence to support the position of the nonmoving party. Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439, 443 (7th Cir. 1994). In making its determination, the court does not make credibility determinations or weigh evidence, but only determines "whether there is any material dispute of fact that requires a trial." Waldridge v. American ...


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