Robert Dark v. Curry County Curry County Road Department Dan Crumley, Individually and in His Official Capacity as Curry County Roadmaster
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We are asked to review a summary judgment dismissal of a claim by an epileptic heavy-equipment operator for a county road department under the Americans with Disabilities Act.
I
From the age of 16, Robert Dark has suffered from epilepsy. He controls the condition with medication but still endures the occasional seizure which is usually preceded by a physical manifestation called an “aura.” An aura is “akin to a nervous jerk”; it indicates “the potential for a seizure on the day of the aura,” typically no sooner than one hour later. Dark says that a seizure follows an…
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