Dwyer

Dwyer v. City of Chico

Good Law
United States District Court, Eastern District of CaliforniaApril 9, 20212:18-cv-01554California5,222 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Grace Dwyer, No. 2:18-cv-01554-KJM-DMC Plaintiff, ORDER v. City of Chico, et al., 1S Defendants. 16 Grace Dwyer, who has been diagnosed with multiple sclerosis, tripped and fell on an uneven sidewalk in downtown Chico, California. She filed this lawsuit against the City and several other defendants, asserting claims under the Rehabilitation Act, the Americans with 20 Disabilities Act, and related state laws. She now moves for partial summary judgment on the City’s liability. As explained below, because several factual disputes remain unresolved, the motion is denied. 23 I. BACKGROUND Ms. Dwyer testified she was diagnosed with multiple sclerosis in 1990, when she was 25 partially paralyzed for three months. Dwyer Dep. at 24, 29, ECF No. 38-4.! She remembers her

' The City objects to Ms. Dwyer’s reliance on her deposition testimony in its opposition to her…

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