Dvorak
Dvorak v. Clean Water Services
Opinion
Lead Opinion
MEMORANDUM **
Douglas Dvorak (“Dvorak”) appeals a district court order granting Appellee Clean Water Services’s (“CWS”) motion for summary judgment. The parties are familiar with the facts of the case, which we repeat here only to the extent necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 . We review the motion for summary judgment de novo, MetroPCS, Inc. v. City and County of San Francisco, 400 F.3d 715, 720 (9th Cir.2005), and reverse.
We must determine, viewing the evidence in the light most favorable to Dvorak, whether any genuine issues of material fact exist. See In re Imperial Credit Industries, Inc., 527 F.3d 959, 965 (9th Cir.2008). We find that genuine issues of material fact do exist. Dvorak declared that he has severe neck pain and frequent migraines that limit his motion and sometimes require him to lie down. Dvorak also introduced evidence of his seventy percent VA disability rating.
Furthermore, “if a person is taking measures to correct for, or mitigate, a physical or mental impairment, the effects of those measures — both positive and negative — must be taken into account when judging whether that person is substantially limited.”…