Karr v. Wal-Mart Stores, Inc. - ADA.gov

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medications have been unsuccessful. Id.; Pl.’s Ex. No. 21 at 1, 6. 5In fact, her symptoms haveonly worsened. Id. at 1, 2. As one doctor put it, Karr is incapable of working or of “selfsupport” because of her “mental and physical incapacity that has existed on a continuous basissince before her 21 st birthday and will not be resolved in the foreseeable future.” Pl.’s Ex. No.25 at 2, 8. In light of Karr’s record of unemployment, as well as her physicians’ description ofthe limitations of her conditions upon her ability to work, Plaintiff has submitted sufficientevidence to demonstrate that there is a genuine issue of material fact as to whether she issubstantially limited in the major life activity of working.VII. CONCLUSIONBased on the above, it is clear that a genuine issue of material fact exists as to whetherPlaintiff is a person with a disability within the meaning of the ADA. Therefore, the UnitedStates respectfully requests that this Honorable Court deny Defendant’s Motion for SummaryJudgment.5 The record is replete with evidence of Karr’s physician’s failed attempts at treating oreven alleviating her TS and OCD symptoms. Pl.’s Ex. No. 21 at 1, 6 and 11; Pl.’s Ex. No.23; Pl.’s Ex. No. 25 at 1, 4 and 5. In addition, Karr’s medical records indicate that much ofthe treatment she received has had negative side effects. Karr Dep. at 52, lns. 7-8; Pl.’s Ex.No. 18; Pl.’s Ex. No. 16. This evidence clearly contradicts Defendant’s assertion that Karr’smedications and her smoking habit should be considered “mitigating measures that bolster Wal-Mart’s argument that Karr is not substantially limited in any major life activity.” Def.’s Br. at13.14
Dated: December 20, 2001Respectfully submitted,JOHN ASHCROFTAttorney Generalof the United StatesDAVID P. YORKUnited States AttorneySouthern District of AlabamaRiverview Plaza63 Royal Street, Suite 600Mobile, Alabama 36602(334) 441-5845RALPH F. BOYD, JR.Assistant Attorney GeneralCivil Rights Division_________________________JOHN L. WODATCH, ChiefPHILIP L. BREENSpecial Legal CounselALLISON J. NICHOLDeputy ChiefM. LUCIA BLACKSHERLa. Bar No. 26605Trial AttorneyDisability Rights SectionCivil Rights DivisionU.S. Department of JusticeP.O. Box 66738Washington, D.C. 20035-6738(202) 514-1947(202) 307-1197 (facsimile)15
Page 1: IN THE UNITED STATES DISTRICT COURT
Page 4 and 5: manual tasks, walking, seeing, hear
Page 6 and 7: with respect to an individual is de
Page 8 and 9: A. A genuine issue of material fact
Page 10 and 11: public places.” McAlindin, 192 F.
Page 12 and 13: Id. at 1315. Expert vocational evid

Karr v. Wal-Mart Stores, Inc. - ADA.gov

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