United States Ninth Circuit

Summary judgment for defendant-employer on a claim by an epileptic heavy-equipment operator for a county road department under the Americans with Disabilities Act (ADA) is reversed pursuant to claims that there were genuine issues of material fact which entitled plaintiff to a jury trial, specifically, with respect to: 1) the reason given for his termination; 2) his qualifications; and 3) whether he was a "direct threat" to his fellow employees.

Appellate Information

• Argued 12/06/2005
• Decided 07/06/2006
• Published 07/06/2006

Judges

• O'SCANNLAIN, Circuit Judge:, Before: D.W. NELSON, O'SCANNLAIN, Circuit Judges, and BURNS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Manuel C. Hernandez, Hernandez and Associates, LLC, Bandon, OR, argued the cause for the appellant and was on the briefs.


• For Appellees:
  
• Jason M. Montgomery, Law Office of Robert E. Franz, Jr., Springfield, OR, argued the cause for the appellee and was on the brief.  Robert E. Franz, Jr. was also on the brief.