In 2007, Melissa Pennington had worked as a food truck operator at Churchill Downs for 10 years, employed by Wagner’s Pharmacy, Inc. Pennington weighed 425 pounds and was 5’4” tall. She suffered from diabetes, which caused pronounced dark circles under her eyes. On one of her off-duty days, she stopped by the office of her manager, Brenda Smyth, to pick up a paycheck. Pennington admits that she was between residences and was not looking her best but claims that her appearance on that day was not representative of how she looked at work. Soon afterward, Smyth instructed Pennington’s supervisor, Martha Parrish, to terminate her employment due to her “personal appearance.” Although Parrish did not specify to Pennington whether the termination was based upon her disheveled appearance on the off-duty visit or her morbid obesity, Parrish told two workers that she had been instructed by Smyth to fire Pennington because she was “dirty and overweight.” Pennington filed suit, alleging that Wagner’s had unlawfully discriminated against her due to her disability of morbid obesity. Wagner contested the allegation and won summary judgment. Pennington appealed the judgment, and the Kentucky state appellate court was faced with the task of determining whether morbid obesity constitutes a disability under the ADA. Does Pennington have a case?