Robert Dark v. Curry County Curry County Road Department Dan Crumley, Individually and in His Official Capacity as Curry County Roadmaster

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 aura approximately half of the time.

Dark’s employment with the Road Department of Curry County, Oregon (“the County”) commenced on March 4, 1985. His position, “Maintenance and Construction Worker III,” required, among other tasks, the operation of heavy equipment such as construction vehicles. Dark’s employment record over approximately 16 years reflects satisfactory, at least, job performance.

On the morning of January 15, 2002, prior to his leaving for work, Dark experienced an aura. Despite this warning, Dark reported for work as scheduled and failed to inform anyone of the possibility of his suffering an…