Any serious accidents at Disney?
Becki Johnson
>I'm just wondering if anyone knows the most serious accident that has
>ever occurred on a Disney ride, if any...not a pleasant question, i know,
>but just curious...
I remember hearing about a decapitation on the Matterhorn when I was a child
in southern CA... don't know if it's true or not. (Someone stood up.)
-- Becki
------------------------------------------------------------------
Rebecca Johnson "But the city lies in broken pieces
rsj...@psu.edu Where the wind howls and the vultures sing
These are the works of men
This is the sum of our ambition." -- Sting
------------------------------------------------------------------
Brianpast
to keep sotries like that "hush-hush" as not to scare the guests away. As
for deaths, I'm not sure. But I know this summer, while I was a CM,
lightning struck right next to a tram in the parking lot at WDW MK,
injuring a couple and scaring the crap out of the rest. I was at the
Studios at that time, an I knew when I heard that thunder, that it had to
have hit something in one of the parks.
At the Haunted Mansion a while ago, someone thought that it would be funny
to climb out of their doom buggy to try and scare their friends, who were
riding in the buggy behind them. As they tried to get out of their buggy,
the buggy went around a turn and ended up catching this persons leg in the
buggy and dragged them through half of the house. They ended up with a
nice broken leg and several bruises and burns.
And as you probably heard this summer, one little girl decided to climb
out of her Small World boat because it had stopped at the end of the
attraction where it backs up, waiting to unload, and obviously could not
pay attention to the recording that said, "Don't get out, dumb ass, the
ride ain't over yet" and got her ribs crushed when the boat went up on the
conveyor to unload. The parents are trying to sue becuase "it all Disney's
fault that she got out and didn't listen to the recording"
Whatever. Why does Disney end up paying for all of the stupid people out
there who can't follow directions?
That really bugs me.
Brian
Eric Wong
>From: rsj...@psu.edu (Becki Johnson)
>Subject: Re: Any serious accidents at Disney?
>Date: Thu, 12 Jan 1995 17:51:05 GMT
>In article <3f2jj6$i...@decaxp.harvard.edu> dy...@scws35.harvard.edu (David Yeh) writes:
>>I'm just wondering if anyone knows the most serious accident that has
>>ever occurred on a Disney ride, if any...not a pleasant question, i know,
>>but just curious...
>I remember hearing about a decapitation on the Matterhorn when I was a child
>in southern CA... don't know if it's true or not. (Someone stood up.)
I recently heard that over this summer a man had a heart attack coming down
Splash Mountain. It wasn't a mechanical accident but I think he died.
Eric
Tisha King
David Yeh <dy...@scws35.harvard.edu> wrote:
>I'm just wondering if anyone knows the most serious accident that has
>ever occurred on a Disney ride, if any...not a pleasant question, i know,
>but just curious...
>
>David Yeh
>dy...@fas.harvard.edu
Well, the most serious one I've heard of was when some girl/woman got thrown
off the Matterhorn at DL a few years ago. SHe wasn't wearing her seatbelt
properly. SO, of course, when I went on with my Mom over Christmas, my Mom
didn't put hers on, cause she couldn't figure it out and didn't want to hold
up the line. But I didn't know about that till afterwards. Thankfully, at
least I was on top of her, squishing her in. . . I don't know if there's been
anything worse than that, though. . .
-=Tisha=-
-=+==================++++++Tisha Elizabeth King++++++=====================+=-
-=+ () () FDC Andrina -=+=- A dreamer, a wisher, a hoper, a helper, +=-
-=+ ( ) FDC Chip the Cup -=+=- a thinker, a clown, a laugher, a reader,+=-
-=+ FDC Beaker -=+=- FDC VP-GCD -=+=- a listener, and a Friend. +=-
-=+=======================================================================+=-
--
------======++++Tisha Elizabeth King++++======-------------------------------
Northwestern ***************"I want to be a non-** "Life is not having been**
University *************** conformist like **** told that the man just **
tis...@merle.acns.nwu.edu** everybody else!" **** washed the floor."-O.Nash*
AlWeHo
There is a poorly written book that details all the accidents and lawsuits
at Disneyland called "Mouse Tales." Ask your local bookstore to look it
up. Most shops carry it.
The accident and lawsuit information in it is gathered from court records
and press reports, and tends to be accurate in this area.
The rest of the book is a history of the DL park, but since it's based on
a lot of CM's foggy (and I'm sure VERY embellished) recollections, I would
tend to take it with a grain or so of salt.
Hope this helps...
Al
(alw...@aol.com)
***A dream is a wish your heart makes.***
Matthew Pearce
: Whatever. Why does Disney end up paying for all of the stupid people out
: there who can't follow directions?
Actualy, Disney has been very fortunate in "winning" the majority of
these cases.
M.P.
--
Tropical oils are for topical use only! (Just say NO! to non-dairy creamers.)
Mark Davis
Years ago on one of DL Grad nites, a vistor, who was drunk, was riding
the People Mover. He decided that it was moving too slow and decided to
walk out. Before he reached the turnstile area, he was struck by one of
the cars and knocked off the track. He died.
There was an incident in Videopolis, which at one time was the drug
capital of southern califormia, it was a drug related stabbing.
Another incident was on America Sings. A person was supposely crushed
when the ride moved to the next room.
FYI
M Davis
cmd...@netcom.com
Dave M 163
As I remember it, one of the ride operators for America Sings was killed
when the theatre was turning; caught between the walls when lining up for
the next segment. I understood that they then installed special safety
equipment to prevent future such accidents. Seems to me that we heard
about it in the Anaheim Bulletin.
Christopher Barnes Manson (cmanson)
the "supposed" gearbox of America Sings in 1973. Other accounts mention
a squeeze-play between the stage walls as it rotated where the
unfortunate person was pinched....during a show.
The aforementioned Matterhorn accident, as I heard, occured when
a woman unbelted herself to attend to a child who kept
unbuckling HIS belt. She was supposedly knocked from the back of the car
when she hit the overhead track for the other sleds, and was then struck
from behind by the next train.
Do realize that any of these posted stories may be exagerrated
rumor based loosely on some fact. Disney has THE best legal dept. around
and to my knowledge has never lost an injury case. Mind you, any
accidents at the park are handled quickly and with little fuss and
almost zero press coverage. There are also a few other incidents, but
I'll let somebody else handle those; God knows I don't need any Disney
lawyers knockin' on my door requesting silence.
Jeff Valley
^^^^^^^^^^ Yeah, right. Because most
cases are settled pre-trial. Some are even settled pre-filing.
--
Jeffrey M. Valley
val...@romulus.housing.fsu.edu
val...@freenet.fsu.edu
Don Bertino
David Yeh <dy...@scws35.harvard.edu> wrote:
>I'm just wondering if anyone knows the most serious accident that has
>ever occurred on a Disney ride, if any...not a pleasant question, i know,
>but just curious...
>
>--
>David Yeh
>dy...@fas.harvard.edu
From: co...@bu.edu (Jeff Cooper)
Newsgroups: alt.folklore.urban
Subject: Death at Disneyland!
Date: 22 Oct 1993 21:14:13 GMT
WAITING IN LINE TO DIE
- DEATH AT DISNEYLAND -
Disneyland has often been called "the happiest place on earth." Since its
opening in 1955, hundreds of millions of people from all walks of life have
flocked to this American Mecca and been swept up in the fantasy world
envisioned by Walt Disney. From the park entrance on "Main Street USA",
recreating turn of the century small town America at 5/8 scale, to the top of
the faux Matterhorn, complete with imitiation bobsled runs, Disneyland evokes
images and fantasies of life in happier, more pleasant, and more exciting
worlds.
But, beneath this glittering facade lurks something malevolent, something
lethal. In the Magic Kingdom, life is not all pixie dust and happy, fairly
tale endings. Behind the mouse's perpetually forced grin, there is more than
a trace of the death head's grimace. For not all of the millions of "guests"
(never visitors, patrons or suckers) entering the park in search of fantasy
and pleasure survive to see the Electric Parade. They will leave the park in
body bags, struck down by fantasy "attractions" run amok.
Reactionary pundits and other defenders of the All-American Way of Life,
Orange County style, will immediately spring to the defense of the pride of
Anaheim with the old transporation argument. "Why, you're more likely to die
on the way to the park than inside." And right they are, _especially_ in the
case of Disneyland. History does not record the number of young
Disneyland-bound families wiped out in fiery holocausts on the Santa Ana
freeway. But other modes of transport do demonstrate the dangers. In 1968
alone, the Disneyland/LAX helicopter service suffered two of the worst
civilian chopper crashes in U.S. history. In May, a helicopter carrying 23
people lucky enough to leave the park alive disintegrated in mid-air and
crashed near Paramount. There were no survivors. Less than three months
later, a Disneyland-bound chopper crashed on a Compton playground, killing
all 21 would-be "guests" and crew on board. Even the stroll from the parking
lot to the park entrance is not without its risks. In 1987, after a Mormon
party at the park, a gang fight in one of the lots erupted in gunfire,
leaving one youth dead and a bystander injured.
But this is beside the point when it comes to discussing the hazards awaiting
the unwary inside Disneyland. You're just as likely to die en route to such
traditional mid-American amusements as tractor pulls or Bon Jovi concerts.
Once inside, you're safe. But, to place yourself at the mercy of Disneyland
is to risk mangling, mutilation, and even death.
>From 1955 through 1963, Disneyland's safety record was flawless. Not all of
their "guests" may have left happy, but they did leave alive. Tragically,
this perfect record ended in May of 1964, instituting the era of carnage that
continues even today.
The killer attraction: the Matterhorn. The event: a party for 10,000 Long
Beach Elks and their guests. Its tragic first victim: 15 year old Mark Maples
of Long Beach. The day had been difficult for Mark. Earlier, during an
otherwise sedate ride on the Skyway, he argued with a girl over going steady.
His friends had to restrain him from flinging himself to the ground 50 feet
below. But no one can stay depressed in Disneyland for very long. By 11:30
that evening, he was in better spirits, engaging in "horseplay" while waiting
in line for the Matterhorn with his friends.
Things went smoothly for the first third of the ride. Then, near the summit,
Mark felt a sudden, inexplicable need to stand up. It's not clear whether he
merely wanted to stretch his legs or was confusing the simulated bobsled ride
with such more traditional Angeleno sports as surfing or skiing. His friends
merely heard a thump, some noise, and Mark was gone; no screams or triumphant
shouts of "Kawabunga!" According to Disneyland officials, he was "catapulted
from the speeding car". He landed on the track a few feet down, with a skull
fracture and various internal injuries. He never regained consciousness, and
died four days later. The Matterhorn had claimed its first victim.
---
The Matterhorn earned its underground sobriquet of "widowmaker" in January,
1984. This time, its victim was no innocent, hi-jinking teenager, but a
respectable 48 year old matron. Dollie Young of Fremont had been enjoying an
impromptu Disneyland visit with old friends from Arizona. The survivors later
recalled that "It started out like one of those magical, happy days" so
frequently depicted in Disney promotional materials. And the day had gone
well, until they dared the deadly slopes of the Matterhorn.
Dollie was riding alone in the rear car of the sled, so no one saw quite what
happened. Disney workers swear they had buckled her in. However, two thirds
of the way down the slopes, her so called "safety" belt was definitely
unbuckled. She fell to the track, and, as she bounced along track while
struggling to regain her feet, a second speeding sled smashed into her. The
"bullet" sled dragged her for a car-length before stopping with her corpse
pinned beneath its wheels. She was pronounced dead at the scene from massive
head and chest injuries. The Matterhorn was closed for the rest of the day
due to "technical difficulties", and the bullet sled riders evacuated via a
hidden elevator. The nearby motorboat cruise and monorail ride were also shut
down, presumably to spare Fantasyland guests the sight of a real-life police
investigation.
---
Equally hazardous to park visitors is the PeopleMover. Hurtling through the
sterile corporate future of Tomorrowland at a speed of two miles per hour, it
is plainly a menace to the life and limb of every guest. Less than two months
after its opening, it mutilated and killed its first victim. In August of
1967, Rick Yuma, a 15-year old boy from Hawthorne, innocently attempted to
change cars as the PeopleMover passed through a tunnel. Unfortunately, he
slipped and, as the papers reported, was "found wedged between two cars with
his head and the upper part of his body crushed". And "wedged" was the word
for it; Disney "Imagineers" negligently hadn't forseen this possibility and
made allowances for it in their design. Workers had to dismantle the train in
order to extricate the boy's mangled remains.
The PeopleMover killed a second time under even more tragic circumstances:
During a Grad Night party. On that sad June night in 1980, the park was
filled close to capacity with 18,000 young people celebrating their high
school graduation. The crowd included 260 graduates of San Diego High. Only
259 would survive to receive their diplomas. In the early morning hours,
their classmate Geraldo Gonzales attempted to change cars as the PeopleMover
tore throught the "Superspeed" tunnel. He stumbled and fell. As he lay
sprawled across the tracks, a second speeding PeopleMover train struck,
crushing him beneath its cruel hard rubber wheels and dragging him along the
tracks. He was pronounced dead at the scene from extensive internal injuries,
yet another young man cut down in the prime of life.
---
Rides aren't the only attractions at Disneyland; nor are they the only
killers. Consider Tom Sawyer Island. Located in the middle of the Rivers of
America and accessible solely by raft, this is the only attraction in the
park Walt designed personally. Although it and the surrounding river are as
fake and manmade as Sleeping Beauty's castle, it appears to be an innocent,
rustic oasis of nature in a sea of synthetic "imagineering", as well as an
inviting refuge from the omnipresent lines. Precisely for these reasons, it
beckons innocent park guests to their deaths, much like the Sirens of
classical mythology.
The island's sinister spell claimed its first victim in June, 1973. Bodgen De
Laurot, an 18-year old Brooklyn man, and his younger brother, decided to
watch the nightly fireworks display from the island. Unfortunately, the rafts
to and from the island stop running at dusk. After the fireworks, the
brothers found themselves stranded a la "Swiss Family Robinson". But, rather
than building a tree house, they did what any true red-blooded American young
man would do - they swam for it. History does not record if the river was too
swift, the water too cold, or the distance too great. What is known is that
neither brother made it.
The younger boy was the lucky one - a boat ride operator hauled him from
those treacherous waters around 10 PM. Bodgen was nowhere to be found. A
search followed, possibly the biggest land, sea and air search in park
history. Frontierland and the Rivers of America were scoured by police,
firemen, and park employees using searchlights, helicopters and boats. Not
until dawn did they find Bodgen's drowned body among the rocks and rapids
near the lethal isle.
In June of 1983, the island lured a second young man to his death in yet
another grad night tragedy. That evening, Phil Straughan of Albuquerque had a
double cause for celebration: his graduation and his 18th birthday. In an
innocent display of youthful high spirits, he and a friend "borrowed" an
inflatable rubber maintenance boat for an impromptu nighttime cruise on the
river. Near the deadly island, they struck a rock. Phil was flung into the
river. As a football player, he had the strength to struggle valiantly. But
he was no match for the power of the Rivers of America as four feet of cold,
cruel water closed over his head. Rescuers recovered his drowned body an hour
later. In all apparent sincerity, a Disney spokesperson said, "It's a really,
really sad thing on what's supposed to be one of the happiest days of his
life."
---
The entire park exerts a similar, irresistible lure. For 35 years, management
has hyped Disneyland as the American Mecca, making every American feel that
they _must_ make the pilgrimage at least once in their lives. The only catch
is that the park charges stiff admission price for entry onto these hallowed
grounds - over $25 as of late 1990. Not everyone can afford it. One can only
feel sympathy for these frustrated pilgrims, and understand their desperate
efforts to sneak in.
One of these poor souls never made it, and died trying. Guy Cleveland, a
19-year old Northridge man, undoubtedly driven to his fate by the
irresistible media hype, futilely attempted to enter the park along the
monorail track. With a monomaniacal intent usually confined to religious
fanatics, he climbed a 16-foot fence, disregarded the security guard's
shouted warnings, and evidently ignored the sound of the rapidly approaching
train. As he clambered along the canopy underneath the track, the train
struck. It dragged him 30 or 40 feet before it could stop. The newspapers
could only describe his body as "badly mangled".
---
Park guests aren't the only ones seduced to their deaths by the park's
attractions. Consider the late, lamented "America Sings". It was seemingly
designed strictly as a hazard to employees. Converted from the old General
Electric Carousel of Progress, it featured six theaters revolving around a
four part fixed stage of Disney audioanimatronic animal figures performing
well-loved American songs. Even before its official 1974 opening, there was
something sinister about this android musical spectacular. The tragedy to
come was foreshadowed at the press preview party, when one of the
attraction's designers fell into a pit and sustained slight injuries.
Disneyland ignored this omen, and opened "America Sings" to the public at the
end of June. This decision would cost them the life of an innocent young
hostess, the first Disneyland employee killed in the line of duty.
Deborah Stone had just graduated from nearby Santa Ana High. In many ways,
she epitomized the crisp, clean all-American image encouraged among park
employees. She edited her high school year book, belonged to the honor
society and capped her high school career by winning the principal's award
for "outstanding service to her school and community". Undoubtedly, she
breezed through her coursework at the Disneyland University.
Yes, she had nothing but a bright future full of promise to look forward to
on that tragic July night. There were no witnesses to her agonizing end, no
spectacular fall or dramatic search. Around 11 PM, fellow employees noticed
her missing from her post greeting guests. After a brief search, they found
her crushed remains. As the theaters rotated about the fixed inner stage, she
had been caught between a stationary wall and a moving wall. The attraction
smashed her like a steamroller running over one of Disney's beloved characters
in a hilarious act of animated mayhem. Except this was no cartoon, and there
would be no animated sleight of hand to "uncrush" her. America Sings was
closed for three days until a system of warning lights could be installed.
But for one young hostess, it was a little too late.
---
By far the grimmest and most widely-criticized event in Disneyland's
blood-spattered history was the park's first homicide in 1981. The victim was
Mel Yorba, an 18-year old Riverside man. On that fateful March night, he was
attending a private party at the park thrown by a local defense contractor,
accompanied by a friend and their dates. His family recalled that the young
people were simply out "to have a good time".
The "good time" ended around 10 PM that evening in the deadly confines of
Tomorrowland. Near the Skyway, James O'Driscoll, a 28-year old man from San
Diego, accused Yorba of touching his girlfriend. There was a scuffle; blows
were exchanged. O'Driscoll pulled a knife. Then, either O'Driscoll brutally
stabbed Yorba, or Yorba stumbled while lunging forward, impaling himself on
the blade. The jury believed the former. Eventually, this scuffle would cost
the killer 8 years to life for 2nd degree murder.
No one criticized Disneyland security's handing of the killing. With
efficiency rivalled only by certain Third-World dictatorships and some
(former) Eastern Bloc police states, they swung into action. O'Driscoll's
girlfriend was quickly apprehended as she tried to slip out of the park.
Divers found the alleged murder weapon, an 8 1/2 inch knife, in a Disneyland
waterway, variously reported as the Sleeping Beauty Castle moat or the
submarine lagoon. O'Driscoll only managed to evade the kingdom-wide manhunt
for little more than an hour before he was found hiding in the bushes in
Adventureland.
Meanwhile, as Yorba lay bleeding to death on the grounds of Tomorrowland, the
Disneyland nurse made a fateful decision. Instead of calling the paramedics,
she elected to have him driven to the hospital in a park van. By the time the
van, lacking flashing emergency lights, made its leisurely way to the
hospital (which, unlike other nearby hospitals, did not have a trauma
center), Yorba was to all intents dead from a knife wound piercing his heart,
liver and diaphragm.
For once, Disneyland was roundly chastised in the media. Two Disneyland
workers claimed "the rule at the park is don't call the paramedics".
Presumably, flashing red lights and uniformed rescue personnel tearing up
Main Street would mar the park's atmosphere. Not that the emergency crews
wanted to disturb the guests; the Orange County Director of Emergency Medical
Services was quoted as saying he would not be "adverse" to dressing up
paramedics in mouse suits if necessary.
In wake of this criticism, Disneyland hired an ambulance and changed its
emergency procedures somewhat. Not that this helped at the trial. Contrary to
what their employees thought, the park produced a written policy in effect at
the time of the stabbing requiring that paramedics be called in
life-threatening situations. Nonetheless, the jury found Disney neglegent to
the tune of $600,000, making Yorba (or at least his family) one of the few of
the park's many victims to win compensation for their injuries.
---
Of course, these are just the fatal incidents. The offical pristine park
history also fails to mention other serious mishaps that fortunately (or
perhaps unfortunately) didn't end in death. There was the innocent 4-year old
boy who plunged 30 feet to the ground from the deadly People Mover and
fractured his skull. In 1983, a young man was thrown from the Space Mountain
rollercoaster and left as a paraplegic. And the blood continues to be spilt
to this day. Just last year, an 8-year old girl riding a Fantasyland tram was
hit and seriously injured by a stray bullet.
Yes, beneath the sunshine and smiles, and behind the fun and fantasy lurk
true danger and real death. Some members of the crowds queued up in the
hours-long lines aren't just media-tranquilized consumers patiently waiting
for a 90-second dose of ersatz, "safe" thrills. Rather, they are sheep being
led to the slaughter by a startling array of anthropomorphic rodents, pigs
and puppets playing the part of the Judas goat. Those treasured E-tickets are
but one-way passes to the morgue. As one victim's relative put it, "You don't
think of people dying Disneyland". But people do.
-----------------------------------------------------------------------------
From "Murder Can Be Fun" Issue No.13 $1.25
Written & Published by John Marr, PO Box 640111, San Francisco, CA 94109
-----------------------------------------------------------------------------
--
ber...@netcom.com ____/^\_____________________________________
Disney ascii art & / \ || FDC MCP || / \
animations are at <______\ [] [] [] || [] [] [] || [] [] [] /______>
ftp.netcom.com ======\----------------||----------||----------------/===
/pub/be/bertino========\______________||__________||______________/=====
Michael A Berman
: I'm just wondering if anyone knows the most serious accident that has
: ever occurred on a Disney ride, if any...not a pleasant question, i know,
: but just curious...
This is going to sound like urban legend, but a friend of mine was on the
paddle wheel boat going from MK to the TTC late at night when the boat
collided with and crushed one of those little pedal boats, killing at
least one of the (intoxicated) people on the pedal boat.
Yuck.
Michael Berman
riff...@fornext.com
ID>I'm just wondering if anyone knows the most serious accident that has
ID>ever occurred on a Disney ride, if any...not a pleasant question, i know,
ID>but just curious...
Thats a tough one....I personally would merit the time a teenager
attempted to sneak into the park via the_ Monorail track...he got into
the park and security tried to wave him to jump off the track to escape
an oncoming train, however, in his shock, the kid got onto the plastic
gaurdrail underneath the concrete beam. Unbeknownst to him, the monorail
has a 2 inch clearing over that rail, and as you can guess, he because a
piece of the park.
Other occurances have been people falling into the tracks of the People
Mover and being litterally run over by the cars harsh tires...thus, if
you ever hear it called the People Remover or the People Eater, you
understand why....I believe the People Mover has claimed 3 lives
currently,
RiFF RaFF
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Vanessa C. Samuelson
I just finished reading the rather long cross posted list of Disney
accidents. I'm sure the person who cross posted it was not the one who
wrote it, but I had to comment. Did you ever read such propaganda in
your life? (being from after WWII, I haven't) If I remember correctly,
all the cases were involving drunk guests, or guests doing something they
knew was wrong. And the post made it sound like it wasn't their faults.
One of my personal favorite parts: some guy drowning b/c he tried to swim
back from Tom Sawyer Island "the cold, cruel water closed over his
head." Cruel water? New one on me. Anyway, the whole thing made me sick.
--
Vanessa Samuelson | FDC Piglet | I spend too much time on
(soon to be Warmath) | ()_() | the net!
vc...@ra.msstate.edu | (_) | =^)
My opinions are a little odd sometimes, but I hope that's ok.
L.A.
: I have heard the following from friends who have worked at WDW.
: On any given day, Walt Disney World has a population equal to San Francisco.
: WDW averages 1 death per day, but you will NEVER see a repor of anyone dying on
: Disney property. Supposedly, there is an agreement between Disney and the
: ambulance services that patients who are DOA will always be officially written
: up as having died in transit.
That is because Disney owns (sort of), the Reedy Creek Improvement
Ambulance service. They say that they work for the county if you ask
them (had a chance to when I hurt my leg in the Contemporary), but the
county works for Disney, so you can take that to mean whatever you want.
Brett Bobley
Briggs) wrote:
> On Sat, 14 Jan 95 20:50:54 GMT st...@ids.net wrote:
>
> > One more thing regarding lawsuits against Disney. I read on here that
Disney
> > wins the majority of these lawsuits. This is not true. The majority
of these
> > lawsuits never make it to court. Disney would rather settle out of
court than
> > fight and ruin its good name.
>
> That's not what I heard. I think this is just another myth. From what I've
> heard, Disney will fight any lawsuit where they are not at fault (such as
> people dying after getting dragged under the Peoplemover, etc.), and they've
> had a remarkably good track record at that. Even if it would be cheaper for
> Disney to settle than to pay the lawyers to fight it, they will fight. Why?
> Because if word gets out that "Disney will settle anything," you suddenly
> increase by tenfold the number of people who claim whiplash on Pirates of
> the Carribbean or bumping their heads on Swiss Family Robinson Treehouse.
In "Vinyl Leaves", Stephen Fjellman's book about WDW, he says that Disney
is very aggressive about fighting lawsuits and almost always wins. He
agrees that Disney thinks it is important for them to maintain the park's
safe reputation and to prevent spurious suits.
Brett
--
Brett Bobley
U.S. Coast Guard
Washington, DC
Internet: bob...@mailstorm.dot.gov
Susan C. Mitchell
: I have heard the following from friends who have worked at WDW.
: On any given day, Walt Disney World has a population equal to San Francisco.
: WDW averages 1 death per day, but you will NEVER see a repor of anyone dying on
: Disney property. Supposedly, there is an agreement between Disney and the
: ambulance services that patients who are DOA will always be officially written
: up as having died in transit.
That may be, but it's *still* doing a hell of a lot better (in terms of
per-capita death rate) than San Francisco!
Think globally, act locally.
Susan
--
===========================================================================
"We, the people, are not free. Our democracy is but a name. We vote?
What does that mean? We choose between Tweedledum and Tweedledee."
-- Helen Keller
miriam murphy
is a very very long post.
ADKINSON vs. WALT DISNEY PRODUCTIONS
Case No. CV-79-2413 Verdictum Juris No. 83-212D
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Injury to right knee with surgery in future
SPECIALS: $225 Medical; $3,000 Future Surgery; $100 Loss of Earnings
STATE: California
AREA: L.A. Federal Court
JUDGE: Hon. Jean Rheinheimer - Dept. 204-A
PLAINTIFF ATTORNEY: Gerald Fink (Reinis and Fink), Beverly Hills
DEFENDANT ATTORNEY: W. Mike McCray, Newport Beach
POLL: 6-0
TITLE: Grape Juice At The "Mad Hatter"
FACTS: On 6/28/78, at about 6 P.M., the Plaintiff, a 56 year old
beautician, was standing in front of the "Mad Hatter" ride at Disneyland.
She slipped and fell in some grape juice that had been spilled on the
walkway entrance. PLAINTIFF CLAIMED negligent inspection of the area;
Deft. failed to inspect and keep the area clean.
DEFENDANT ARGUED the grape juice had been spilled only a few minutes
before she fell. Pltf. was wearing sun glasses and failed to avoid the
area; Her injury was only slight and she is now fully recovered.
PLAINTIFF MEDICAL EXPERTS:
Lee C. Detenbeck - Orthopedic Surgeon - Houston, Texas
DEFENDANT MEDICAL EXPERTS:
George E. McCan - Orthopedic Surgeon - Orange County
OFFER: None
DEMAND: $10,000
AGUILAR V. WALT DISNEY WORLD CO.
Case No. CI 90-10144; LRP Publication No. 106284
Trial Date: October 1992
TOPIC: Premises Liability - Fall In Amusement Park
RESULT: $ 125,000 (Plaintiff Verdict)
Compensatory: $ 125,000 (Pain and Suffering: $ 110,000; Other
Compensatory: $ 15,000)
Plaintiff's Negligence: 60%
INJURY: Fibula/Tibia Fractures, Internal Fixation
SPECIALS: Claimed Past Medical Expense: $ 18,000
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
JUDGE: Emerson Thompson, Jr.
PLAINTIFF ATTORNEY: Dennis R. O'Connor, Orlando, FL; George J. Dramis,
Orlando, FL
DEFENDANT ATTORNEY: John L. O'Donnell, Orlando, FL; Michael
Holihan, Orlando, FL
INCIDENT DATE: 08/89; FILING DATE: 01/90
SUMMARY: A 40-year-old female homemaker and part-time seamstress suffered
fractures of the right fibula and tibia, requiring internal fixation, when
she fell from the carousel in the defendant theme park. The plaintiff was
attempting to place her niece on a carousel horse when the plaintiff's
foot slipped from the edge, and she fell into the sunken area in the
center of the ride. The defendant contended that the condition of the
carousel was not inherently dangerous. The jury found the plaintiff 60
percent negligent, and the award was reduced accordingly.
PLAINTIFF MEDICAL EXPERTS:
Orthopedic Surgeon: Brash, Richard, M.D., Oak Brook IL
DEFENDANT EXPERTS:
Safety Expert: Avery, William, Orlando FL
PLAINTIFF PROFILE:
Age: 40
Sex: Female
Occupation: Homemaker
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
ALFONSO SIRGADO & ASUNCION SIRGADO vs. WALT DISNEY
WORLD CO., INC.
Docket No. CI 91-10414; FJVR Reference No.
92:11-70
Verdict Date: September 22, 1992; Publication Date: November 1992
TOPIC: Amusement Park Accident - Boating Accident - Premises Liability -
Verdict Form - Theme Park - Boat Ride
RESULT: $ 290,000 for Plaintiffs (verdict)
(Alfonso: $ 260,000; Asuncion: $ 30,000 - loss of consortium).
STATE: Florida
COUNTY: Orange
JUDGE: W. Rogers Turner
PLAINTIFF PROFILE: Age: 75
Occupation: Retired
PLAINTIFF ATTORNEY: Gary Alan Friedman of Friedman & Friedman, Coral
Gables DEFENDANT ATTORNEY: Sutton G. Hilyard, Jr. of Eubanks, Hilyard, et
al., Orlando CAUSE OF INJURY: On September 1, 1990, Plaintiffs were
patrons aboard a boat at the "Pirates of the Caribbean" ride at
Defendant's Magic Kingdom theme park. At the completion of the ride, the
boat came to a stop. Plaintiff Alfonso Sirgado was the last person
attempting to exit from the boat. Before Plaintiff was able to completely
exit from the boat, one of Defendant's employees, who was operating the
boat, started to move the boat forward, causing Plaintiff to be dragged
and eventually causing him to fall. Plaintiff contended that the operator
provided Plaintiff with no warning that he was about to move the boat.
Defendant admitted liability.
NATURE OF INJURY: Fracture of left shoulder, and bruises to left arm and
knee. Fracture resulted in a large spur formation at the greater
tuberosity of the left humeral head. Plaintiff has limited motion,
flexibility, and strength in the left arm and hand. Dr. Chiron: Plaintiff
had pre-existing arthritis in the acromioclavicular joint. Plaintiff now
has impingement syndrome or partial frozen shoulder syndrome with loss of
motion and pain and aggravation of arthritis, assuming Plaintiff was
asymptomatic before the accident. Plaintiff has a permanent injury based
on loss of motion with 21% impairment of upper extremity or 13% of the
whole body. An MRI of the left shoulder revealed a full thickness rotator
cuff tear, which should be repaired by surgery. PLAINTIFF EXPERT
WITNESSES: Harlan S. Chiron, M.D., Orthopedic Surgery, Coral Gables
(video depo) Juan A. Puerto, M.D., Orthopedic Surgery, Miami (video depo)
DEFENDANT EXPERT WITNESSES:
Thomas J. Broderick, M.D., Orthopedic Surgery, Longwood
EDITOR'S NOTE: Post trial motions are pending. The court ruled that
F.S.768.77 was unconstitutional because it violates Article II, Section 3
of the Florida Constitution entitled "Branches of Government", which
states that "No person belonging to one branch shall exercise any powers
appertaining to either of the other branches unless expressly provided
herein".
PLAINTIFF'S ATTORNEY'S COMMENTS: Defendant wanted the general verdict form
used. After the verdict was rendered, the court declared F.S.768.77,
regarding itemized verdict forms, unconstitutional. Ruling will be a case
of first impression if this issue goes to appeal and will be heard by the
Florida Supreme Court. ALICE LEMONS vs WALT DISNEY PRODUCTIONS
Case No. 25-76-76
Verdict Date: February 23, 1981
TOPIC: Amusement Park Injury
RESULT: Defendant (Verdict)
INJURY: Fractured elbow w/resection of radial head. Claimed permanent
disability and greatly restricted in use of arm.
SPECIALS: $4,690 (approx) total, all MED.
STATE: California
COUNTY: Orange
JUDGE: Charamza
PLAINTIFF ATTORNEY: Robert O. Banning and Robert Whitmore
DEFENDANT ATTORNEY: Law Offices of W. Mike McCray by John T. Walker POLL:
12-0
FACTS: Plf (42-unemployed) was getting out of a car at the Tomorrowland
Autopia at Disneyland. She stood up, stepped toward the curb and her foot
slipped off the metal track which runs along the curb. Plf alleged the
cars had to stop too far from the curb causing plf to negotiate a
dangerous distance between car and curb.
Defense: No negligence. Disputed disability claim.
PLAINTIFF MEDICAL EXPERTS:
Clarence Woods, Jr, Treating Ortho
DEFENDANT MEDICAL EXPERTS:
George McCan, Ortho
OFFER: None
DEMAND: None Firm
ANGELA CUMMINS vs. THE WALT DISNEY COMPANY
Case No. 564385; Tri-Service Reference No.
92-44-17
Verdict Date: September 24, 1992
TOPIC: Premises Liability: Skyway Ride Accident at Disneyland
RESULT: Defense (verdict)
Defense
Arbitration: $30,000; Trial de Novo by Defense
INJURY: Right shoulder and neck pain; radiculopathy to fingers; chronic
tendinitis of right shoulder with impingement syndrome.
SPECIALS: Medical Costs: $6,631 past/$10,000 future; Loss of
Earnings: $6,000 past/$1,000 future;
General Damages: $30,000
STATE: California
AREA: Santa Ana
JUDGE: David H. Brickner
PLAINTIFF ATTORNEY: John Luetto & Helen Luetto, Orange - (714)
835-1131
DEFENDANT ATTORNEY: Richard McCain, Santa Ana - (714) 953-4292
POLL: 12-0
FACTS: 8/8/87: Plaintiff, 28 year-old Sea World claims representative and
aerobics instructor, entered the "skybucket" on the Fantasyland Skyway at
Disneyland. She felt an impact from the rear as she was turned looking
down into her purse. Plaintiff neither saw nor heard a collision. At the
alleged time of impact, Plaintiff's husband was also getting into the
skybucket and was knocked off his feet. Plaintiff felt immediate pain to
the right shoulder, arm, and neck. Plaintiff reported the collision at
the opposite end of the attraction.
PLAINTIFF CLAIMED Defendant failed to follow safety guidelines by allowing
the skybuckets to collide. The skybuckets are not automated in the
station. A collision occurs only when employees are not doing their job.
DEFENDANT ARGUED the accident did not happen. Plaintiff merely
experienced a normal ride on the Skyway.
PLAINTIFF TECHNICAL EXPERTS:
Bestord, Edward - Orthopedic Surgeon - San Clemente
DEFENDANT TECHNICAL EXPERTS:
Huston, William - Neurosurgeon - San Diego
Muse, John - Accident Reconstruction - Cypress
INSURANCE COMPANY: Self-insured
OFFER: None
DEMAND: $30,000 CCP 998
TRIAL TIME: 4 days
JURY TIME: 1/2 day
ANN BRUMBAUGH vs DISNEYLAND
Case No. 35-58-54
Verdict Date: February 16, 1982
TOPIC: Fall
RESULT: Defendant (Verdict)
INJURY: Fractured hip requiring total hip replacement.
SPECIALS: $6,000 MED, $10,000 LE.
STATE: California
COUNTY: Orange
JUDGE: Flynn
PLAINTIFF ATTORNEY: Green, Pollon & Smith by Ronald S. Smith
DEFENDANT ATTORNEY: W. Mike McCray
POLL: 9-3
FACTS: In Dec 1978, plf (65) was watching the Christmas Parade at
Disneyland. Because of lighting conditions and crowd of people plf didn't
see the curb, stepped down and fell.
Defense: No liability; adequate lighting and crowd control. No
dangerous condition.
PLAINTIFF EXPERTS:
John D. Kulluk, Lighting
DEFENDANT EXPERTS:
None Called
OFFER: $6,000
DEMAND: None
ANTINUCCI V. WALT DISNEY WORLD CO.
Case No. CI 93-1230; LRP Publication No. 135200
Trial Date: June 1994
TOPIC: Premises Liability - Accident at Amusement Park
RESULT: Defense Verdict
INJURY: Knee Cartilage
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
JUDGE: James C. Hauser
PLAINTIFF ATTORNEY: Carlos R. Diez-Arguelles, Orlando, FL
DEFENDANT ATTORNEY: Robert E. Bonner, Orlando, FL
INCIDENT DATE: 02/89; FILING DATE: 01/93
SUMMARY: A 40-year-old female registered nurse suffered internal
derangement to the left knee, resulting in arthroscopic surgery, when she
struck her knee on a bench in a walkway at the defendant amusement park.
The plaintiff contended that the defendant was negligent. The defendant
denied any negligence and contended that the plaintiff failed to keep a
proper lookout.
PLAINTIFF MEDICAL EXPERTS:
Orthopedic Surgeon: Farrar, Edward, M.D., Orlando FL
PLAINTIFF PROFILE:
Age: 40
Sex: Female
Occupational Field: Services-Health
Occupation: Nurse
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
AVILA vs. WALT DISNEY PRODUCTIONS
Case No. A-58820 Verdictum Juris No. 85-237D
Verdict Date: November 6, 1985
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Flesh wound to 3rd & 4th metatarsal, with slight
swelling & bruise.
SPECIALS: $1,000 Medical
STATE: California
AREA: Orange Co. Municipal Ct.
JUDGE: Hon. Thomas Garcia (Pro Tem) - Dept. 16
PLAINTIFF ATTORNEY: Frank X. Nageotte, San Diego
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: Waived
TITLE: A Grandmother On The Matterhorn!
FACTS: On 8/28/81, the Pltf., a 56 yr. old maid, boarded the Matterhorn
Bobsled with her two daughters and two grandchildren. The Pltf. was
wearing rubber thongs and noticed her third and fourth toes on her left
foor were bleeding. Pltf. went to first aid and was treated for the
injury. This was Pltf.'s first, last and only ride on a rollercoaster.
PLAINTIFF CLAIMED that the bobsled "jumped" and her feet hit a hard
abrasive substance which lacerated her toes and cut her thongs. A
"conditional" Res Ipsa Loquitor instruction was granted to Pltf.
DEFENDANT ARGUED the bobsleds were safe. During the excitement of the
ride Pltf. kicked the side of the sled and caused her own injury, or else
she previously stubbed her toe.
OFFER: Nothing
DEMAND: $2,999 CCP 998
TRIAL TIME: 1 1/2 days
JURY TIME: 1 hour
BARBARA NOLAN & JAMES NOLAN, her husband vs. WALT
DISNEY WORLD CO.
Docket No. CI 87-7668; FJVR Reference No.
90:1-59
Publication Date: January 1990
TOPIC: Amusement Park Accident - Defense Verdicts - Falldown - Trip
RESULT: For the Defendant (verdict)
STATE: Florida
COUNTY: Orange
JUDGE: Frederick Pfeiffer
PLAINTIFF PROFILE: Age: 46
Occupation: Housewife
PLAINTIFF ATTORNEY: Ronald Buschbom of Buschbom & Panter, P.A., Miami
DEFENDANT ATTORNEY: Robert E. Bonner and Sutton G. Hilyard, Jr. of
Eubanks, Hilyard, et al., Orlando
CAUSE OF INJURY: On April 30, 1984, Barbara Nolan was visiting the EPCOT
Center when she struck her right little toe on a boulder abutting the
plaza at the Japanese Pavilion, causing her to twist and fall. Plaintiff
contended that the Defendant failed to maintain the plaza in a reasonably
safe condition and failed to warn her of the dangerous condition created
by the boulder. NATURE OF INJURY: Herniated disc at L5-S1.
PLAINTIFF EXPERT WITNESSES: Leonard Figelman, M.D., Orthopedic Surgery,
Port Jefferson, NY Donald Bruhn, M.D., Obstetrics/Gynecology, Port
Jefferson, NY Joseph Consoli, M.D., Orthopedic Surgery, Port Jefferson, NY
Ronald Dale, B.A., Landscape Architecture, Orlando
DEFENDANT'S ATTORNEY'S COMMENTS: The Plaintiff admitted in her deposition
that the boulder abutting the plaza was an open and obvious condition
which anyone should have been able to see. BARRY BLALOCK, as father and
natural guardian of LUKE BLALOCK, a minor vs. WALT DISNEY WORLD CO.
Docket No. CI 90-7086; FJVR Reference No.
93:8-49
Verdict Date: June 14, 1993; Publication Date: August
1993
TOPIC: Amusement Park Accident - Boat Striking Patron
RESULT: $ 881,895.11 for Plaintiffs (verdict)
(Barry: $ 32,695.11 - past medical expenses; $ 4,200 - present value of
future medical expenses to be sustained by Luke until age 18 [over 4
years]; Luke: $ 275,000 - present value of future medical expenses to be
sustained by Luke after age 18 [over 55 years]; $ 350,000 - past pain and
suffering; $ 220,000 - future pain and suffering).
STATE: Florida
COUNTY: Orange
JUDGE: Lawrence R. Kirkwood
PLAINTIFF PROFILE: Age: 10
PLAINTIFF ATTORNEY: James K. Beckham, Miami
DEFENDANT ATTORNEY: John H. Ward of DeWolf, Ward, et al., Orlando CAUSE OF
INJURY: On July 9, 1989, Plaintiff Barry Blalock, his son Luke, and his
other son Zachary boarded the front seat of a boat in the Pirates of the
Caribbean Ride at the Magic Kingdom. Luke was sitting on the right hand
side of the boat. As they were about to enter the ride, another boat was
released and collided with Plaintiffs' boat, striking Luke and severing
his right thumb. Plaintiffs contended that Defendant was negligent by
operating the ride in a reckless manner, failing to give its patrons
instructions on the operation of the ride, and in failing to halt the ride
despite repeated requests, eliminating any chance of recovering Luke's
thumb for possible reattachment. Defendant alleged that Luke was negligent
since, according to one of the Fire Rescue personnel, Luke told him that
he had his hand in the water at the time of the accident.
NATURE OF INJURY: Loss of right thumb with degloving injury (skin being
ripped off and crushing of bone). Luke's big toe from his right foot was
amputated for a toe-to-hand transplant to replace the thumb. Luke has a
slight angulation to the thumb and lack of motion of the thumb, both of
which may require surgery in the future. Luke also has subtle balance
problems as a result of the loss of his big toe and constant and permanent
emotional problems. Luke will require psychological counseling in the
future.
PLAINTIFF EXPERT WITNESSES:
Joanne R. Werntz, M.D., Hand Surgery, Orlando
Bruce I. Minkin, Hand Surgery, Asheville, NC
Cecil Benoit, Ph.D., Family Therapy, Penrose, NC
William H. Matthews, Ph.D., Psychology, Asheville, NC (depo)
Smith Goodrum, Ph.D., Psychology,
Asheville, NC (depo)
Paul M. Deutsch, Ph.D., Rehabilitation, Orlando
Igor Paul, P.E., Biomechanical Engineer, M.I.T., Cambridge, MA
DEFENDANT EXPERT WITNESSES:
Robert G. Kirkland, M.D., Psychiatry, Orlando
PLAINTIFF'S ATTORNEY'S COMMENTS: Five days prior to trial, Defendant
offered $ 300,000. At mediation, Defendant's offer was $ 125,000;
Plaintiffs' demand was $ 800,000. BARTON vs. DISNEYLAND, INC.
Case No. 35 68 86 Verdictum Juris No. 84-160C
Verdict Date: August 2, 1984
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Cervical sprain
SPECIALS: Medical $1,000 - L.O.E. $8,400
STATE: California
AREA: Orange County
JUDGE: Hon. Richard W. Luesebrink - Dept. 27
PLAINTIFF ATTORNEY: Carrie Macmillin, Newport Beach
DEFENDANT ATTORNEY: Richard E. McCain (McCary, McCain & Walker),
Newport Beach
POLL: 12-0
TITLE: Rearended By A Rocket Ship!
FACTS: On January 31, 1981, the Pltf., a 26 year old psychiatric aide, was
on Space Mountain with a friend. They were in a rocket ship that slowed
down suddenly at the end of the ride. He was rearended by another
following rocket ship.
PLAINTIFF CLAIMED the analog brake was overtrimming. i.e., slowing down
the rockets. This caused his whiplash when he was rearended by a
following rocket ship.
DEFENDANT ARGUED that the attraction is monitored by a computer which has
sensors and brakes preventing a rearend collision. Deft. admitted that
the reports of the computer indicated the analog brake was overtrimming.
Pltf. went to First Aid, received an aspirin, left the park and one hour
later called back to First Aid reports the cervical injury.
PLAINTIFF MEDICAL EXPERTS:
Dr. John Howard - Orthopedic Specialist - Los Angeles
OFFER: -0-
DEMAND: $10,000 (CCP998) - lowered to $6,500 statutory.
TRIAL TIME: 3 days
JURY TIME: 1.5 hours
BATES vs. WALT DISNEY PRODUCTIONS
Case No. 414876 Verdictum Juris No. 85-164B
Verdict Date: July 19, 1985
TOPIC: Premises Liability
RESULT: Defendants (verdict)
INJURY: Trimalleolar fracture of the left ankle with open reduction
surgery implementing screws and a metal plate.
SPECIALS: Medical - $9,064.45
STATE: California
AREA: Orange County
JUDGE: Hon. Robert H. Green - Dept. 41
PLAINTIFF ATTORNEY: Richard Jones (Swanson & Casello), Santa Ana
DEFENDANT ATTORNEY: Richard E. McCain, Newport Beach
POLL: 10-2
TITLE: At The Small World . . . A Big Fracture
FACTS: On 12/19/83 the Pltf., a 53 year old housewife, was visiting
Disenyland with 4 other members of her party. It was about 8:50 P.M. when
she was descending the stairway at the Small World attraction. There are
12 steps to the boarding platform. She was using the handrail. She
failed to step down from the last step as she believed she was already on
the platform. She landed hard on her left foot fracturing her left ankle.
PLAINTIFF CLAIMED the stairway was negligently designed and maintained
because the handrail stopped at the last step. This gave the illusion of
being on the platform.
DEFENDANT ARGUED no design defect in the handrail. In fact, the area is
well lit & the steps have a non-skid coating in blue with a yellow caution
line painted on the last step. Pltf. was inattentive and caused her own
injury. PLAINTIFF MEDICAL EXPERTS: Milton Legome - Ortho Surgeon - City
of Orange
OFFER: Would waive costs for a dismissal.
DEMAND: $50,000 during trial - $93,250 to jury.
TRIAL TIME: 3 1/2
JURY TIME: 25 mins.
BEATRICE LOESCH vs DISNEYLAND
Case No. 28-67-73
Verdict Date: October 28, 1981
TOPIC: Trip & Fall at Disneyland
RESULT: Defendant (Verdict)
INJURY: Lineal fracture of femur into knee joint. Hospitalized 2 mos.
SPECIALS: $8,200 (approx) total, claimed; $6,500 MED, $1,700 LE (2 mos).
STATE: California
COUNTY: Orange
JUDGE: Flynn
PLAINTIFF ATTORNEY: Hunsucker & Sabo by Gerard Sabo
DEFENDANT ATTORNEY: W. Mike McCray
POLL: 12-0
FACTS: On 10 Sept 1979, the last evening of the Disneyland Electric Parade
for that summer, at the 11:00 PM parade, plf (46-Government employee)
attempted to cross the street from one side to the other after the lights
had been turned off but before the parade arrived at that location. Plf
misstepped and fell off the curb. Plf alleged negligence for not
providing adequate lighting. Defense: No negligence.
PLAINTIFF MEDICAL EXPERTS:
T. Thomas Ackerson, II, Treating Ortho
DEFENDANT MEDICAL EXPERTS:
None Called
OFFER: None
DEMAND: $25,000
BECK, Plaintiff, by JOHN BEAU (Houts & Beau) vs.
DISNEYLAND, Defendant, by RICHARD E. MCCAIN (Law Offices of Richard E.
McCain)
Case No. A-81330
Verdict Date: 5/7/86
TOPIC: TRIP AND FALL
RESULT: Defendant (VERDICT)
STATE: California
AREA: North Orange County
JUDGE: Hutson
JURY POLL: 12/0
SUMMARY: 6/21/81. Pltf., a 57 year old woman was on the "Mad Tea Party"
with two friends. At the conclusion of the ride she proceeded to walk to
the exit gate. As she stepped off the turntable to the cement walk, the
high heel of her shoe was caught in the gap between these two surfaces.
She fell forward. Pltf. claimed the gap was a dangerous condition for
which the deft. did not warn. DEFENSE: Deft. contended the area was well
lighted. The gap was safe and necessary for proper functioning. There
were warnings and painted marking. INJURY: Blowout fracture of the
mandible, neck and back sprain. MED: $2,640. L/E: $3,200. MISCELLANEOUS:
$300.
PLAINTIFF MEDICAL EXPERTS: Stephen Field, Ortho (West Covina)
OFFER: None
DEMAND: $15,000
BECK vs. DISNEYLAND
Case No. A-81330 Verdictum Juris No. 86-105A
Verdict Date: May 7, 1986
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Blowout mandible fracture; neck and back sprain.
SPECIALS: $2,540.11 medical; $3,200 loss of earnings;
Pharmaceuticals/misc. - $300.
STATE: California
AREA: Orange County (Municipal)
JUDGE: Hon. Robert Hutson - Dept. 6
PLAINTIFF ATTORNEY: John Beau (Law Office of Houts and Beau), La Habra
DEFENDANT ATTORNEY: Richard E. McCain (Law Offices of Richard E. McCain),
Santa Ana
POLL: 12-0
TITLE: Tripped Up At The "Mad Hatter's Tea Party"
FACTS: On 6/21/81, the Pltf., a 57 year old school teacher, was at
Disneyland. She was on the "Mad Hatter's Tea Party" ride with two friends.
At the conclusion of the ride she stepped off of the turntable onto the
cement walk. The high heel of her shoe caught in the gap between the
turntable and the walk. She fell forward.
PLAINTIFF CLAIMED Disneyland failed to warn of the gap between the station
ary walk and the revolving turntable. This constituted a dangerous
condition.
DEFENDANT ARGUED no dangerous condition; the area was well
lighted; the gap was necessary for proper functioning of the ride; there
were warnings and painted markings.
PLAINTIFF MEDICAL EXPERTS:
Dr. Stephen Field - Orthopedist - West Covina
DEFENDANT TECHNICAL EXPERTS:
None called.
OFFER: 0
DEMAND: $15,000
22 (c) 1986 Verdictum Juris, O'BRIEN'S
EVALUATOR
TRIAL TIME: 2 1/2
JURY TIME: 2 hours
BERTHA CLARKE & HANNA MILLER vs. THE WALT DISNEY
CO. (DISNEYLAND)
Case No. 77361; Tri-Service Reference No.
93-38-23
Verdict Date: August 17, 1993
TOPIC: Premises Liability: Collision on Autopia Ride in Disneyland RESULT:
Defense (verdict)
Defense
INJURY: Soft tissue neck and back for both Plaintiffs.
SPECIALS: Medical Costs: $4,000 for Bertha, $2,000 for Hanna;
Loss of Earnings: None
STATE: California
AREA: Fullerton
JUDGE: John Beisner
PLAINTIFF ATTORNEY: Dalton Swendeman (Swendeman & Bregman),
Encino - (818) 981-9794
DEFENDANT ATTORNEY: Richard McCain (McCain & Ragsdale), Tustin -
(714) 731-2510
POLL: 12-0
FACTS: 4/12/91: Plaintiffs, 52 year-old and 9 year-old, were at
Disneyland. They were riding the Autopia ride and had just come to the end
of the ride. An unknown woman rammed into their car causing a whiplash
injury. PLAINTIFF CLAIMED the Defendant did not manage the Autopia ride
adequately. This was the cause of the collision and injuries.
DEFENDANT ARGUED there was no negligence on Disneyland. The impact was
minor and the injuries were doubtful.
PLAINTIFF TECHNICAL EXPERTS:
Scott C. Ranford - Orthopedic Surgeon - Ingelwood
DEFENDANT TECHNICAL EXPERTS:
None
INSURANCE COMPANY: None
OFFER: None
DEMAND: $25,000
TRIAL TIME: 3 days
JURY TIME: 1 hour
Besakirskis v. Walt Disney World
Case No. CI87-58
Verdict Date: 1988
TOPIC: Premises
RESULT: $ 93,000 verdict
INJURY: Leg Injuries: Fractured tibia and fibula
STATE: Florida
COUNTY: Orange
PLAINTIFF PROFILE: Sex: Female
Age: 70years
PLAINTIFF COUNSEL: Overchuck, John R.: Orlando, FL
Guiley, David D.: Orlando, FL
SUMMARY: $ 93,000 jury verdict for a 70-year-old woman who fractured her
tibia and fibula when she fell while attempting to find her seat in the
"Top of the World" dinner show at defendant Walt Disney World. Plaintiff
did not see a step in front of her.
COURT: Fla., Orange County Circuit Court, No. CI87-58, Jan.
1988
BETH BENNETT vs. THE WALT DISNEY CO., DISNEYLAND
Case No. 56 34 76
Verdict Date: February 7, 1992
TOPIC: Premises Liability
RESULT: Defense (verdict)
Prior Arbitration: $60,000 by Paul B. Witmer Jr., Trial de Novo by
Defendant. INJURY: Crush injury to the right wrist with internal
derangement to the radial ulnar joint. Tendon transfer and stabilization
surgery of the right wrist with subsequent surgery for pins removal.
SPECIALS: Medical Costs: $18,745.15 past, $5,000 future.; Loss
of Earnings: $12,000
STATE: California
AREA: Orange
JUDGE: Cecil Hicks
PLAINTIFF ATTORNEY: David Glickman (Glickman & Glickman),
Beverly Hills - (213) 273-4040
DEFENDANT ATTORNEY: Richard McCain (McCain & Ragsdale), Santa
Ana - (714) 953-4242
POLL: 9-3
TITLE: Bobsleds Collide At Disneyland
FACTS: 8/2/87: Plaintiff, 37 year-old female T.V. production assistant,
was at Disneyland with 5 friends. While on the Matterhorn Bobsled
attraction, her bobsled was struck by another sled after leaving the
splash pool. When the bobsled was bumped the Plaintiff's right hand/wrist
received a crushing injury. Although the Plaintiff felt immediate pain,
swelling and numbness she did not report the collision of her sled nor her
injury.
PLAINTIFF CLAIMED the doctrine of Res Ipsa Loquitur and common carrier
standards applied. The collision of bobsleds was caused by negligence of
the Defendant.
DEFENDANT ARGUED the collision never happened. No negligence on the part
of Disneyland in the maintenance or operation of bobsleds.
PLAINTIFF TECHNICAL EXPERTS:
Rickard, Thomas - Orthopedic Hand Specialist - Los Angeles
Balfour, George W. - Orthopedic Hand
Specialist - Van Nuys DEFENDANT TECHNICAL EXPERTS:
Hunt, Thomas - Computer Systems Engineer - Orange County
OFFER: Nothing
DEMAND: $60,000 before trial, $138,000 at trial.
TRIAL TIME: 5 days
JURY TIME: 4 hours
BLALOCK, PRO AMI V. WALT DISNEY WORLD COMPANY
Case No. CI 90-7086; LRP Publication No. 117395
Trial Date: June 1993
TOPIC: Premises Liability - Accident at Amusement Park
RESULT: $ 881,895 (Plaintiff Verdict)
Compensatory: $ 881,895 (Past Medical: $ 32,695; Future Medical:
$ 279,200; Pain and Suffering: $
570,000)
INJURY: Finger Nerve Damage, Emotional Distress, Foot, Hand,
Hand
STATE: Florida (FL)
COUNTY: Orange
COURT: Common Pleas
JUDGE: Lawrence R. Kirkwood
PLAINTIFF ATTORNEY: James K. Beckham, Miami, FL
DEFENDANT ATTORNEY: John H. Ward, Orlando, FL
INCIDENT DATE: 07/89; FILING DATE: 01/90
SUMMARY: A 10-year-old male suffered the loss of the right thumb with
degloving when the boat he was a passenger in at the defendant amusement
park collided with another boat, striking his right thumb and amputating
it. The minor's big toe was amputated and attached to the minor's hand,
however the thumb has no movement. The plaintiffs contended that the
defendant negligently operated the ride, failed to properly instruct the
riders, and failed to stop the ride when requested, resulting in the
failure to recover the minor's thumb. The defendant contended that the
minor told rescue personnel that his hand had been in the water at the
time of the collision.
PLAINTIFF MEDICAL EXPERTS:
Hand Surgeon: Werntz, Joanne, M.D., Orlando FL
Hand Surgeon: Minkin, Bruce, M.D., Asheville NC
Family Therapist: Benoit, Cecil, Ph.D., Penrose NC
Psychologist: Matthews, William, Ph.D., Asheville NC
Psychologist: Goodrum, Smith, Ph.D., Asheville NC
PLAINTIFF EXPERTS:
Rehabilitationist: Deutsch, Paul, Ph.D., Orlando FL
Biomechanical Engineer: Paul, Igor, P.E., Cambridge MA
DEFENDANT MEDICAL EXPERTS:
Psychiatrist: Kirkland, Robert, M.D., Orlando FL
PLAINTIFF PROFILE:
Age: 10
Sex: Male
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
OFFER: $ 300,000
DEMAND: $ 800,000
BRANDT vs. DISNEYLAND
Case No. 35 39 40 Verdictum Juris No. 86-90C
Verdict Date: April 21, 1986
TOPIC: General Negligence
RESULT: Defendant (verdict)
INJURY: Fatal - 40 year old sheet metal worker leaving a widow
and 3 minor children.
SPECIALS: $136,000 L.O.E.; $479,005 fut.L.O.E.; $133,480
household seryices.
STATE: California
AREA: Orange County
JUDGE: Hon. Robert Green - Dept: 41
PLAINTIFF ATTORNEY: Byron Rabin & Douglas Hatchimonji (Rose,
Klein & Marias), Santa Ana
DEFENDANT ATTORNEY: Richard E. McCain (Law Offices of Richard E.
McCain), Santa Ana
POLL: Wrongful Death - 9-3; Emotional Distress - 10-2
TITLE: "I Think I Am Having A Mild Heart Attack!"
FACTS: On 7/26/80, the decedent, a 40 year old supervisor sheet metal
worker, went to Disneyland with his wife and daughter. After a walk down
Main Street and a ride in a canoe boat, he complained of a dizzy spell.
He sat down on a brick planter and said, "If I didn't know better, I think
I'm having a mild heart attack." He started to sweat and was in pain. His
wife went to get him a cold drink. He was seen by a sweeper and a
security guard called First Aid at 2:03 p.m. He was placed on a gurney and
arrived at the hospital at 2:35 p.m. On arrival he had a normal heart
rhythm. Four minutes later he was in ventricular fibrillation. He died
1:02 hours after admission of a coronary occlusion to the right artery.
PLAINTIFF CLAIMED paramedics should have been immediately called to render
advance cardiac life support to stabilize the patient. Decedent's wife
also claimed "Dillon vs. Legg."
DEFENDANT ARGUED no one believed that the decedent was in severe distress.
The wife had abandoned her husband. A nurse asked her what she wanted
done. No medication can resolve a coronary occlusion problem. All
actions were reasonable and proper.
PLAINTIFF MEDICAL EXPERTS:
Dr. James Shelbourne - Cardiologist - Newport Beach
O'BRIEN'S EVALUATOR
Dr. Brennan Cassidy - Emergency Room Medicine - Costa Mesa Dr.
John Hall - Emergency Room
Medicine - Garden Grove
Dr. Jack Van Grow - Cardiology - Garden Grove
PLAINTIFF TECHNICAL EXPERTS:
Robert Helig - Paramedic - Montana
Wayne Lancaster - Economist - Fullerton
DEFENDANT MEDICAL EXPERTS:
Dr. Arthur Selvan - Cardiologist - Tustin
DEFENDANT TECHNICAL EXPERTS:
Chief Charles Kanenbley - Anaheim Fire Dept. - Anaheim
OFFER: $10,000
DEMAND: $1,700,000
TRIAL TIME: 21
JURY TIME: 2 1/2 days
CARMELA ROMANO vs. WALT DISNEY WORLD CO.
Docket No. CI 89-1315; FJVR Reference No.
93:4-65
Verdict Date: March 12, 1993; Publication Date: April
1993
TOPIC: Amusement Park Accident - Defense Verdicts - Trip - Fall
RESULT: For the Defendant (verdict)
STATE: Florida
COUNTY: Orange
JUDGE: W. Rogers Turner
PLAINTIFF PROFILE: Age: 80
Occupation: Retired
PLAINTIFF ATTORNEY: David Guiley of Maher, Gibson & Guiley, Orlando
DEFENDANT ATTORNEY: Robert E. Bonner of Eubanks, Hilyard, et al., Orlando
CAUSE OF INJURY: Plaintiff fell while attempting to board the Journey Into
Imagination ride at Epcot. Plaintiff contended that this was a predictable
accident which could have been prevented by the implementation of
additional safety measures by the Defendant. Defendant denied that it was
negligent, and asserted that the accident was the result of the negligence
of Plaintiff in failing to watch her footing as she attempted to board a
ride which she had successfully boarded on at least six occasions prior to
the date of this incident.
NATURE OF INJURY: Compound, comminuted introtrochanteric fracture of the
right femur which was repaired by Dr. Cox using a Russell-Taylor road with
interlocking screws.
PLAINTIFF EXPERT WITNESSES:
Courtland Collier, Civil Engineer, Gainesville
William Cox, M.D., Orthopedic Surgery, Orlando
Darrell Lowery, M.D., Orthopedic Surgery, Rome, GA
Elliott Weinger, M.D., Othopedic Surgery, N. Miami Beach
DEFENDANT EXPERT WITNESSES:
Leo Goldstein, M.D., General Practice, Hollywood
CARMELITA AGUILAR & PAT AGUILAR, her husband vs.
WALT DISNEY WORLD CO.
Docket No. CI 90-10144; FJVR Reference No.
92:11-68
Verdict Date: October 6, 1992; Publication Date:
November 1992
TOPIC: Amusement Park Accident - Premises Liability - Theme Park
- Carousel
RESULT: $ 125,000 for Plaintiff Carmelita Aguilar (verdict)
($ 15,000 - past medical expenses and lost earnings; $ 110,000 -
future pain and suffering).
Plaintiff Carmelita Aguilar's Negligence: 60%; Defendant's
Negligence: 40%
JUDGMENT: Entry of judgment and post trial motions are pending.
STATE: Florida
COUNTY: Orange
JUDGE: Emerson Thompson, Jr.
PLAINTIFF PROFILE: Age: 40
Occupation: Homemaker and Part-time
Seamstress (Plaintiffs were residents of the
Philippines)
PLAINTIFF ATTORNEY: Dennis R. O'Connor and George J. Dramis of
Gurney & Handley, Orlando
DEFENDANT ATTORNEY: John L. O'Donnell, Jr. and Michael Holihan
of DeWolf, Ward, et al.,
Orlando
CAUSE OF INJURY: On August 10, 1989, Plaintiff Carmelita Aguilar was
taking her three year-old niece on the carousel ride known as
"Cinderella's Carousel" at Defendant's Magic Kingdom theme park. Plaintiff
and her niece were in the last row of horses inside the carousel.
Plaintiff attempted to put her niece on the horse, but the space between
her niece's horse and horse next to her was too small, so she went to the
other side. As Plaintiff was about to lift her niece onto the horse, her
feet slipped on the edge and she fell in the sunken area between the most
interior horse and the inner edge of the carousel. Defendant contended
that the condition of the carousel was open and obvious and not inherently
dangerous.
NATURE OF INJURY: Dr. Brash: Comminuted fracture of distal tibia and
displaced fracture of distal third of fibula and of fibular neck of right
leg which required open reduction consisting of minimal internal fixation,
debridement, and irrigation of open wounds, and a long leg cast. There was
still some separation of fragments so Plaintiff underwent a closed
reduction procedure and was fitted with a second long leg cast. Patients
with an injury that requires multiple procedures tend to have some form of
residual pain on a permanent basis.
PLAINTIFF EXPERT WITNESSES:
Richard A. Brash, M.D., Orthopedic Surgery, Oak Brook, IL
(video depo)
DEFENDANT EXPERT WITNESSES:
William Avery, Safety, Orlando
CASSANDRA LEWIS vs DISNEYLAND
Case No. 28-82-06
Verdict Date: November 1, 1983
TOPIC: ASSAULT & BATTERY
RESULT: Defendant (Verdict)
INJURY: Blackened eye and red marks on throat.
STATE: California
COUNTY: Orange
JUDGE: Blanpied
PLAINTIFF ATTORNEY: Laidley & Lawson by Beatrice Lawson
DEFENDANT ATTORNEY: W. Mike Mc Cray Law Offices by Richard Mc
Cain
POLL: 10-2
FACTS: This case first arbitrated w/defense award. Plf filed for Trial de
novo. Incident occurred at deft's Crystal Arcade on 6-19-77. Plf
(20's-unemployed) was seen leaving w/3 pairs of sunglasses but not paying
for them. Security officers asked her to go to the Security Office and
noticed plf's speech was slurred and that she was unsteady in her walk.
Deft claimed she attempted to ingest a quantity of an unknown drug and
when officers attempted to restrain her she became violent. Police were
called in and when she was informed that she was being arrested for
shoplifting, plf again became violent and during struggle hit her head on
a desk and bruised her eye. Plf alleged assault and battery and
intentional infliction of mental distress.
DEFENSE: Action taken was reasonable. Plf under the influence of drugs
required restraints to protect her and others. Any detention also
reasonable. OFFER: None
DEMAND: $16,000,000; $25,000 at trial
TRIAL TIME: 3 1/2 days
JURY TIME: 1 hr
CASTILLO V. WALT DISNEY IMAGINEERING
Case No. BC 036-265; LRP Publication No. 129538
Trial Date: January 1994
TOPIC: Premises Liability - Slip on Private Property - Workers'
Compensation
RESULT: $ 291,495 (Plaintiff Verdict) Compensatory: $ 291,495
INJURY: Herniated Disc, Back
SPECIALS: Claimed Past Medical Expense: $ 30,000; Claimed Past
Wage Expense: $ 40,000
STATE: California (CA)
COUNTY: Los Angeles
COURT: Superior
JUDGE: Ernest G. Williams
PLAINTIFF ATTORNEY: Loring M. Myers, Jr., Manhattan Beach, CA
DEFENDANT ATTORNEY: Howard S. Secof, Los Angeles, CA
INCIDENT DATE: 02/91
SUMMARY: A 62-year-old male film screen technician suffered herniated
discs at L3-4 and L4-5, resulting in permanent pain, when he slipped and
fell on a steel ramp on the premises of the defendant film company where
he had been sent by his employer to repair a film screen. The plaintiff
contended that the ramp was coated with a slippery substance and that the
defendant was negligent for failing to apply a nonskid surface to the ramp
when it knew that there had been similar accidents on the ramp. The
defendant contended that the plaintiff did not tell it that the ramp was
unsafe and that the plaintiff should have used another entrance. The
defendant's medical expert opined that the plaintiff's injury was not
related to the accident. The case is on appeal. PLAINTIFF MEDICAL
EXPERTS: Orthopedist: Hunt, Robert William, M.D., Torrance CA
PLAINTIFF EXPERTS:
Safety Engineer: Turnbow, Charles E., P.E., J.D., Apple Valley
CA
DEFENDANT MEDICAL EXPERTS:
Orthopedist: MacInnis, Douglas N., M.D., Tarzana CA
DEFENDANT EXPERTS:
Mechanical Engineer: Tyson, John K., Glendale CA
PLAINTIFF PROFILE:
Age: 62
Sex: Male
Occupational Field: Services-Motion Pictures
Occupation: Paraprofessional
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Defendant Type: Single Organization
Organization Type: Services-Motion Pictures
OFFER: $ 100,000
DEMAND: $ 150,000
STATUS: Appeal Filed
CATHERINE LEVESQUE vs DISNEYLAND
Case No. 33-66-68
Verdict Date: December 7, 1983
TOPIC: AMUSEMENT PARK MISHAP (Dangerous Condition)
RESULT: Defendant (Verdict)
INJURY: Lacerations, bruises, cuts and gashes to R/ankle which developed
into a continuing dermatitis or psoriasis condition which was present at
trial. SPECIALS: $1,100 MED to date plus future medication for continuing
skin condition.
STATE: California
COUNTY: Orange
JUDGE: Todd
PLAINTIFF ATTORNEY: Launer, Chaffee, Ward, Rothrock & Schulman
by David Schulman
DEFENDANT ATTORNEY: W. Mike Mc Cray Law Offices by Richard Mc
Cain
POLL: 12-0
FACTS: Plf was pushing her father in a wheelchair up a ramp at deft's
Haunted Mansion when wheelchair toppled over onto plf. Plf alleged
dangerous condition and contended deft violated own operating manual.
DEFENSE: Reasonably complied with and followed operating manual.
PLAINTIFF MEDICAL EXPERTS:
None called
DEFENDANT MEDICAL EXPERTS:
M. Lawrence Weinstein, Derm'st
OFFER: $5,000 per plf's Atty, $6,000 per deft's Atty
DEMAND: None per plf's Atty, $25,000 per deft's Atty
CENDANA V. WALT DISNEY WORLD CO.
Case No. CI 91-4057; LRP Publication No. 106230
Trial Date: November 1992
TOPIC: Premises Liability - Fall In Amusement Park
RESULT: Defense Verdict
INJURY: Knee Ligament
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
JUDGE: Mr. Joseph P. Baker
PLAINTIFF ATTORNEY: Michael H. Weiss, Gainesville, FL
DEFENDANT ATTORNEY: Robert E. Bonner, Orlando, FL
INCIDENT DATE: 06/90; FILING DATE: 01/91
SUMMARY: A 30-year-old male property manager suffered medial plica
syndrome in the left knee, which required arthroscopic surgery, when he
slipped and fell in the defendant theme park.
PLAINTIFF MEDICAL EXPERTS:
Orthopedic Surgeon: Orlin, Harvey, M.D., Rockville Centre NY
PLAINTIFF EXPERTS:
Landscape Expert: Dale, Ronald, Orlando FL
DEFENDANT MEDICAL EXPERTS:
Orthopedic Surgeon: Uricchio, Jr., Joseph, M.D., Winter Park FL
Emergency Medical Expert: Campo,
Alfred, M.D., St. Petersburg FL
DEFENDANT EXPERTS:
Safety Engineer: Sattler, Douglas, P.E., St. Petersburg FL
PLAINTIFF PROFILE:
Age: 30
Sex: Male
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
COLLINS vs. (1) CITY OF ANAHEIM; (2) WALT DISNEY
CO.
Case No. B 46236 Verdictum Juris No. 90-122D
Verdict Date: October 14, 1990
TOPIC: Premises Liability
RESULT: Defendants (verdict)
INJURY: Left elbow fracture with osteoarthritic changes; lacerated left
shin with scar and bone sensitivity.
SPECIALS: $4,097.24 Comp lien
STATE: California
AREA: Fullerton
JUDGE: Hon. Betty L. Elias - Dept. 6
PLAINTIFF ATTORNEY: Stephen K. Harris, Irvine
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: 12-0
TITLE: A "Short Cut" In The Rain
FACTS: On 2-24-87, the Pltf., a 63 year old engineer, went to the Anaheim
Convention Center adjacent to Disneyland. He parked in the overflow area
in the Disneyland parking lot when he left the convention center about
6:00 p.m., it was dark, raining and hailing. He decided to take a more
direct route to his car and ran across Katella Ave., out of any crosswalk,
to get to the Disneyland lot. He tripped and fell over a cable which
blocked vehicular entry to the parking lot.
PLAINTIFF CLAIMED Defts. maintained a dangerous condition of the premises.
The cable was a "concealed danger" to pedestrians in the area. Lighting
of the area was insufficient.
DEFENDANTS ARGUED no dangerous condition. Pltf. caused his own injury by
jaywalking across Katella, then onto Disneyland property. The parking lot
had closed while the Pltf. was at the Convention Center.
OFFER: Nothing
DEMAND: $7,500 - amount of prior arbitration.
TRIAL TIME: 3 days
JURY TIME: 1/2 hr.
COREY vs. WALT DISNEY PRODUCTIONS
Case No. 341,900 Verdictum Juris No. 82-176A
Verdict Date: November 17, 1982
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Cervical Strain.
SPECIALS: Chiropractic Care $1,700
STATE: California
AREA: Orange County
JUDGE: Hon. Betty Lou Lamoreaux - Dept. 26
PLAINTIFF ATTORNEY: Alexander M. Sarko, Carlsbad
DEFENDANT ATTORNEY: John T. Walker (Law Offices of W. Mike
McCray), Newport Beach
POLL: 12-0
TITLE: Big Thunder Mountain . . .
FACTS: On 9/21/78, the Pltf., age 52 and unemployed, was injured on Big
Thunder Mountain at Disneyland. She claimed the roller coaster ride was
too severe and abrupt for her. Deft. failed to warn of the high speed.
Had she been warned, she never would have ridden on the roller coaster.
Deft. argued the Pltf. did not report the accident until 9 days after it
allegedly occurred. Pltf. did not notice any pain until the morning after
the accident; the ride is not dangerous in design or operation.
OFFER: Nothing
DEMAND: Not Firm
TRIAL TIME: 2
JURY TIME: 35 minutes
CROWE vs. WALT DISNEY PRODUCTIONS
Case No. A-89022 Verdictum Juris No. 86-126A
Verdict Date: June 5, 1986
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Chipped 2 front teeth; cervical strain.
SPECIALS: Medical - $1,400 - L.O.E. - $6,500; future L.O.E. -
$4,000
STATE: California
AREA: Orange County
JUDGE: Hon. Peter Torney (Pro Tem) - Dept. 9
PLAINTIFF ATTORNEY: Joseph Louis Lisoni, Los Angeles
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: 12-0
TITLE: A "Claims Repeater" Shot Down On Space Mountain
FACTS: On 11/28/81, the Pltf., a 28 year old dog groomer, was at
Disneyland with her family. After she completed the Space Mountain ride
in the rocket car, she hit her front teeth on the seat ahead of her. The
lap bar was down and she had her arm stretched out in front of her.
PLAINTIFF CLAIMED Deft. failed to warn that it was possible that someone
could strike the back of the seat with your head.
DEFENDANT ARGUED there were no defects on the rocket car. Pltf. caused her
own injury by leaning too far forward. Pltf. had an extensive list of
prior accidents (13 known) and was claims conscious.
DEFENDANT MEDICAL EXPERTS:
George McCann - Ortho Surgeon - Newport Beach
OFFER: -0-
DEMAND: $25,000
TRIAL TIME: 2 1/2
JURY TIME: 1 hour
CUNNINGHAM vs. WALT DISNEY WORLD (U.S. District
Court, Middle District)
Docket No. 91-239 CIV-ORL-19; FJVR Reference No.
92:9-47
Publication Date: September 1992
TOPIC: Amusement Park Accident - Water Slide Collision
RESULT: $ 300,000 for Plaintiff (settlement)
STATE: Florida
COUNTY: Orange
JUDGE: G. Kendall Sharp
PLAINTIFF PROFILE: Age: 38
Occupation: Life Insurance Consultant/Salesman
PLAINTIFF ATTORNEY: Steven R. Maher of Maher, Gibson & Guiley, Orlando
DEFENDANT ATTORNEY: John H. Ward of DeWolf, Ward, et al., Orlando CAUSE OF
INJURY: Upon entering the water at the end of a giant flume-type water
slide at Walt Disney World River Country, Plaintiff was struck in the back
of the head by a man who had been allowed to enter the slide prematurely
behind him. Plaintiff did not report the incident to Walt Disney World, or
to doctors, for almost a year after the accident.
NATURE OF INJURY: Persistent headaches; chronic post-traumatic
mixed type headache with right
occipital neuralgia; chronic post-traumatic syndrome.
PLAINTIFF EXPERT WITNESSES:
Jonathan Cunitz, Economist, Westport, CT
Tom Ebro, Aquatic Safety, Miami
Bernard Albert, M.D., Rehabilitation, Philadelphia, PA
William Speed, M.D., Internal Medicine/Headaches, Baltimore, MD
Paul Deutsch, Rehabilitation,
Orlando
DEFENDANT EXPERT WITNESSES:
Frederick A. Raffa, Economist, Orlando
Jeffrey L. Ellis, Aquatic Safety, Kingswood, TX
Robert Thornton, M.D., Neurology/Electro-Encephalography,
Orlando
PLAINTIFF'S ATTORNEY'S COMMENTS: The case settled on the third
day of trial. Until the evening
after the second full day of trial, there had been no settlement
negotiations.
CUNNINGHAM V. WALT DISNEY WORLD
Case No. 91-239 CIV-ORL-19; LRP Publication No.
106034
Settlement Date: July 1992
TOPIC: Premises Liability - Accident At Amusement Park
RESULT: $ 300,000 (Settlement During Trial)
INJURY: Headaches, Posttraumatic Stress Disorder
STATE: Florida (FL)
COUNTY: Middle District
COURT: USDC
JUDGE: Mr. G. Kendall Sharp
PLAINTIFF ATTORNEY: Steven R. Maher, Orlando, FL
DEFENDANT ATTORNEY: John H. DeWolf, Orlando, FL
INCIDENT DATE: 09/88; FILING DATE: 01/91
SUMMARY: A 38-year-old life insurance salesman and consultant suffered
chronic headaches, right occipital neuralgia, and posttraumatic syndrome
when the plaintiff was struck in the head by a another patron at the
defendant amusement park. The plaintiff was unable to return to his
position. The plaintiff contended that the defendant's employee allowed
the patron to enter a water slide prematurely behind the plaintiff. The
plaintiff was earning approximately $ 78,696 annually at the time of the
accident.
PLAINTIFF MEDICAL EXPERTS:
Headache Expert: Speed, William, M.D., Baltimore MD
PLAINTIFF EXPERTS:
Vocational Rehabilitationist: Albert, Bernard, Ph.D., Jenkintown
PA Economist: Cunitz, Jonathan,
Ph.D., Westport CT
Aquatic Safety Expert: Ebro, Thomas, Miami FL
DEFENDANT MEDICAL EXPERTS:
Neurologist: Thornton, Robert, M.D., Orlando FL
DEFENDANT EXPERTS:
Economist: Raffa, Frederick, Ph.D., Orlando FL.
Aquatic Safety Expert: Ellis, Jeffrey, Kingswood TX
PLAINTIFF PROFILE:
Age: 38
Sex: Person
Occupational Field: Insurance
Occupation: Inside Sales Person
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
DEBBIS LOPEZ vs WALT DISNEY PRODUCTIONS
Case No. 23-07-98
Verdict Date: April 17, 1980
TOPIC: Slapped by Winnie-The-Pooh
RESULT: Defendant (Verdict)
INJURY: Claimed residual headaches.
SPECIALS: $160 (approx) total, all MED.
STATE: California
COUNTY: Orange
JUDGE: Oliver
PLAINTIFF ATTORNEY: Edward Shambaugh
DEFENDANT ATTORNEY: W. Mike McCray
POLL: Waived formal Jury instructions
FACTS: Incident happened in 1974 at deft's amusement park. Plf (9) was
allegedly slapped by Winnie-the-Pooh. This case was originally arbitrated
and award was $1,000.
Defense: Winnie's arms are more like flippers and practically incapable of
"slapping". Winnie was pushed from behind and probably bumped plf.
PLAINTIFF MEDICAL EXPERTS: None Involved
DEFENDANT MEDICAL EXPERTS:
None Involved
OFFER: $500
DEMAND: $1,000
TRIAL TIME: 1 day
DIANE HUBERT, Plaintiff, by WILLIAM I. GOLDSTEIN
(Law Offices of William I. Goldstein)
vs.
WALT DISNEY PRODUCTION, Defendant, by RICHARD E.
MCCAIN (Law
Offices of Richard E. McCain)
Case No. 42-47-79
Verdict Date: 8/14/86
TOPIC: SLIP AND FALL
RESULT: Defense (VERDICT)
STATE: California
AREA: Orange County
JUDGE: Knox
JURY POLL: 11/1
SUMMARY: 11/12/83. Pltf., 53 year old homemaker, at Disneyland with
husband. Ground was wet due to rain. Pltf's. left foot slipped forward,
causing her to fall on left shoulder. Pltf. was unconscious for several
moments. Pltf's. husband returned to location of the fall and informed
her she had slipped on a brass disc. Pltf. contends discs presented
deceptive condition on walkway surface, constituting hazardous condition
when wet. Deft. had duty to repair/replace with more suitable device or
give adequate warning of discs. DEFENSE: Premises well maintained with
antiskid coatings. Brass discs have utilitarian purposes which do not
create an unreasonable dangerous condition. Pltf. failed to prove slip was
caused by stepping on disc. INJURY: Fractured left humerus bond.
Tendinities. MED: $1,3000. PLAINTIFF MEDICAL EXPERTS: Richard Saxon,
Ortho (Encino)
OFFER: None
DEMAND: $43,000
NJ DONNA & ANGELA ANDERSON vs. THE WALT DISNEY CO.
(DISNEYLAND)
Case No. 62 66 20; Tri-Service Reference No.
93-38-21
Verdict Date: September 20, 1993
TOPIC: Premises/Product Liability: Tea Cup Ride at Disneyland
RESULT: Defense (verdict)
Defense
INJURY: Angela (age 24): Cervical and lumbar sprain Donna (age 44)
Cervical and lumbar sprain, post traumatic stress and organic brain
dysfunction. SPECIALS: Medical Costs: $2,000 for Angela, $10,000 for
Donna; Loss of Earnings: $45,000 for Donna
STATE: California
AREA: Santa Ana
JUDGE: Richard N. Parslow
PLAINTIFF ATTORNEY: James Bridgman (Aspelin & Bridgman), San
Francisco - (415) 296-9812
DEFENDANT ATTORNEY: Richard McCain (McCain & Ragsdale), Tustin -
(714) 731-2510
POLL: 12-0
FACTS: 9/16/89: Plaintiffs, 44 year-old and 24 year-old manicurists, were
at Disneyland. They were at the "Mad Tea Party" when their tea cup in
which they were riding stopped suddenly, jerking them around the cup.
PLAINTIFF CLAIMED a loose rubber on a load wheel became trapped between a
drive wheel and the track, causing the Plaintiff's teacup to stop
abruptly. The teacup should have been equipped with seat belts.
DEFENDANT ARGUED the accident did not occur.
PLAINTIFF TECHNICAL EXPERTS:
Newman, Leonard - Psychologist - Alameda
Barawich, Jerome - Civil Engineer - Long Beach
DEFENDANT TECHNICAL EXPERTS:
None
INSURANCE COMPANY: None
OFFER: None
DEMAND: $50,000 at trial
TRIAL TIME: 4 days
JURY TIME: 20 minutes
DONNA H. BEAUCHAMP & JERRY J. BEAUCHAMP, her husband
vs. YVETTE M. NEARY
and ALAMO RENT-A-CAR, INC.; and WALT DISNEY WORLD CO., Third
Party Defendant (changed
name to WED TRANSPORTATION SYSTEMS, INC.)
Docket No. 89-16721 CA; FJVR Reference No.
91:12-44
Publication Date: December 1991
TOPIC: Motor Vehicles - Auto - Truck Accident - Tour Bus Obscuring Sight
RESULT: $ 417,549 for Plaintiff (verdict)
(includes $ 7,749 in taxable costs).
Defendant Neary's Negligence: 60%; Third Party Defendant WED's
Negligence: 40%
STATE: Florida
COUNTY: Duval
JUDGE: Gordon A. Duncan
PLAINTIFF PROFILE: Age: 29
PLAINTIFF ATTORNEY: Robert M. Barnes, II of Barnes, Barnes & Cohen,
Jacksonville DEFENDANT ATTORNEY: W. Douglas Childs of Bullock & Childs,
Jacksonville for Neary; John H. Ward of DeWolf, Ward, et al., Orlando for
Disney CAUSE OF INJURY: On leaving a shopping area in Orlando, Plaintiff
was driving in an adjacent lane to a tour bus operated by Walt Disney
World. The bus moved to the left turn lane to turn at the intersection and
Plaintiff continued straight. Defendant Neary, driving an Alamo rental
car, was traveling in the opposite direction and wanted to make a left
turn at the same intersection. The driver of the bus signaled Neary that
she had a clear path, so she proceeded with her turn. Plaintiff's truck
then collided with Neary's vehicle. NATURE OF INJURY: Back injuries
involving herniated discs, which required surgery.
PLAINTIFF EXPERT WITNESSES:
Mark Spatola, M.D., Neurosurgery, Orange Park
William B. Evans, M.D., Orthopedic Surgery, Jacksonville
EDITOR'S NOTE: WED Transportation Systems has appealed the
verdict
. DORIS JUNE PIERCE & ERWIN S. PIERCE, SR., her husband vs.
WALT DISNEY WORLD CO.
Docket No. CI 89-8689; FJVR Reference No.
91:9-67
Publication Date: September 1991
TOPIC: Amusement Park Accident - Falldown - Inadequate Lighting
RESULT: $ 20,000 for Plaintiff (verdict)
STATE: Florida
COUNTY: Orange
JUDGE: Joseph P. Baker
PLAINTIFF PROFILE: Age: 58
Occupation: Homemaker
PLAINTIFF ATTORNEY: Jack B. Nichols, Orlando
DEFENDANT ATTORNEY: Carol S. Pacula, Lake Buena Vista
CAUSE OF INJURY: On December 18, 1988, between 6:15 and 6:55 p.m.,
Plaintiffs were patrons at Defendant's Magic Kingdom amusement park.
Plaintiffs were in the Town Square area on Main Street. Defendant had
scheduled a Christmas candlelight choir processional at 7 p.m., where a
portion of the lights in the area would be turned off. Plaintiff Doris
Pierce was exiting the City Hall building which was lit outside to an
unlit area. There was a dark red brick floor with three identical brick
steps. It was too dark for Plaintiff to see where the brick walkway had
stopped and turned into stairs. Plaintiff lost her footing and fell down
the three stairs. Plaintiff contended Defendant had a duty to use
reasonable care for the safety of its patrons since it knew the lights on
the stairs would be turned off during the candlelight processional.
Defendant contended Plaintiff admitted she continued to walk in the area
after the exterior lights were extinguished even though she couldn't see
where she was going, and denied the candles were the only source of
illumination during the performance. Defendant alleged comparative
negligence and assumption of risk.
Don Newton: The 1970 EPCOT code required handrails and the 1990 EPCOT code
required specialty lighting at steps. Tom Moses: Requirements under the
EPCOT codes are not applicable since the permits for the Magic Kingdom
were issued under the 1967 Southern Florida Building Code. The 1967 code
required lighting only in the exit areas from inside the buildings.
NATURE OF INJURY: Dr. Maslow: Bimalleolar fracture of left ankle. In 1989,
Plaintiff underwent exploratory surgery of left distal fibular because a
tomography revealed an incomplete healing or incomplete union. A tiny
spike of bone was found at the tip of the fracture which had impaled some
soft tissue, so that the bone was not completely solid at the cortex. The
spike of bone and impaled soft tissue was removed, and the bone was
"feathered" to induct healing. Scar from surgery is permanent and
prognosis is uncertain as to lateral ankle tenderness. Plaintiff now has
tendinitis at the foot and ankle from favoring the left ankle. There is a
50% probability the tendinitis was caused by the injury.
PLAINTIFF EXPERT WITNESSES:
Gregory Maslow, M.D., Orthopedic Surgery, Marlton, NJ (video
depo) Charles J. DiSanto, M.D.,
Family Practice, Marlton, NJ (depo) Don Newton, Building Codes,
Orlando
DEFENDANT EXPERT WITNESSES:
Tom Moses, Building Code Authority, Reedy Creek Improvement
District and City of Bay Lake
EDITOR'S NOTE: Post trial motions are pending. The jury found negligence
on the part of Defendant, but not of Plaintiff. Plaintiff had previously
received $ 4,017.56 in medical benefits.
ERMA FERRINGTON vs DISNEYLAND
Case No. 35-57-35
Verdict Date: May 5, 1983
TOPIC: TRIP & FALL
RESULT: Defendant (Verdict)
INJURY: Four-way fracture of R/major humerus. Plf is unable to raise her
arm, comb her hair and is unable to continue working.
SPECIALS: $3,330.73 MED, $90,000 LE.
STATE: California
COUNTY: Orange
JUDGE: Schwab
PLAINTIFF ATTORNEY: John A. Sandquist in association w/David Jensen from
Oregon DEFENDANT ATTORNEY: W. Mike Mc Cray
POLL: 12-0
FACTS: Incident occurred near the Carnation Plaza at Disneyland on
6-19-80. Plf (59-shoe repair business) tripped on cobblestone walk.
Claimed because of wear surface was uneven. Alleged area was too dark and
caused a dangerous condition. DEFENSE: Not a dangerous condition,
contended plf probably tripped over her own feet.
PLAINTIFF MEDICAL EXPERTS:
Robert L. Larson, Ortho Surg-by depo
DEFENDANT MEDICAL EXPERTS:
None called
OFFER: None
DEMAND: $183,000
TRIAL TIME: 3 days
FANNY MURILLO vs DISNEYLAND
Case No. 36-02-53
Verdict Date: May 27, 1983
TOPIC: FALL AT AMUSEMENT PARK
RESULT: $25,000 (Motion for New Trial-Defts) (Verdict)
INJURY: Broken R/hip w/5 days hospitalization. Future surgery for removal
of 4 pins which caused irritation. Claimed secondary arthritis as result
of broken hip.
SPECIALS: $3,800 (approx) total, all MED.
STATE: California
COUNTY: Orange
JUDGE: Robinson
PLAINTIFF ATTORNEY: Milliken & Stanley by Michael W. Fletcher
DEFENDANT ATTORNEY: W. Mike Mc Cray
POLL: 10-2
FACTS: Accident happened at deft's Haunted Mansion on 5-2-81. Plf (79)
allegedly stepped from around darkened corner in hallway directly onto
moving conveyor belt, lost her balance and fell. Contended no warning and
no employee available for assistance.
DEFENSE: An employee was present and there was adequate warning. Plf
negligent for not looking where she was walking.
PLAINTIFF MEDICAL EXPERTS:
Phillip Merritt, Treating Ortho Surg
DEFENDANT MEDICAL EXPERTS:
None called
OFFER: None at MSC, $15,000 while Jury deliberating.
DEMAND: $35,000 at MSC, $30,000 before trial, $25,000 while Jury
deliberating, would have settled for $20,000
TRIAL TIME: 4 days
JURY TIME: 1 day
FERRINGTON vs. WALT DISNEY PRODUCTIONS
Case No. 35-57-35 Verdictum Juris No. 83-214A
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Fractured rotator cuff - left shoulder.
SPECIALS: Medical - $3,006. - L.O.E. $13,500
STATE: California
AREA: Orange County
JUDGE: Hon. Philip E. Schwab - Dept. 25
PLAINTIFF ATTORNEY: David L. Jensen (Law Offices of John A. Sandquist),
Anaheim DEFENDANT ATTORNEY: W. Mike McCray (Law Offices of W. Mike
McCray), Newport Beach
POLL: 11-1
TITLE: Main Street U.S.A.
FACTS: On 6/19/80, at 11:30 P.M., the Pltf., a 63 year old in the shoe
repair business, was on Main Street in Disneyland. She slipped on the
cobblestone surface and fell.
PLAINTIFF CLAIMED the cobblestone surface was uneven and dangerous. The
lighting was inadequate.
DEFENDANT ARGUED that the Pltf. was watching the "Electric Parade" go by.
She was not paying attention as she stepped off the curb. The street was
even and smooth.
PLAINTIFF MEDICAL EXPERTS:
Robert Larson - M.D. - Orthopedic Surgeon - Oregon
OFFER: None
DEMAND: $25,000
TRIAL TIME: 3 days
JURY TIME: 2 hours
GARCIA vs. WALT DISNEY CO.
Case No. 503426 Verdictum Juris No. 90-65B
Verdict Date: May 15, 1990
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Mom: Left malleolus ankle fracture; 6 weeks in cast; future fusion
possible; neck and back pain. Son: Jaw contusion; headaches; sleep
disorder; hyperactivity.
SPECIALS: Mom: $9,439 medical; $13,200 future medical. Son:
$2,640 medical.
STATE: California
AREA: Santa Ana
JUDGE: Hon. James P. Gray - Dept. 32
PLAINTIFF ATTORNEY: Jeffrey M. Anson (Jeffrey M. Anson &
Associates), Los Angeles
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: 11-1
TITLE: Yo, Ho! Yo, Ho! Defensed At Disneyland Again!
FACTS: On Christmas Day 1985, the Pltf. a 35 year old assembler, was at
Disneyland with family and friends. She fell while boarding the "Pirates
of the Caribean" ride. She was holding her 2 1/2 year old son when she
fell. PLAINTIFF CLAIMED Deft. failed to offer assistance to passengers
boarding the boat. The area was poorly lit and there were no handrails.
The floor of the boat was defectively designed in that a bump caused Pltf.
to fall. DEFENDANT ARGUED the area was adequately lit, a handrail was
present, and there was no bump on the floor. Pltf. should have asked for
assistance. She merely lost her balance and fell.
PLAINTIFF MEDICAL EXPERTS:
H. Michael Jaffin - Orthopedic Surgeon - Anaheim
PLAINTIFF TECHNICAL EXPERTS:
Harold Goddard - Safety Engineer - North Hollywood
DEFENDANT MEDICAL EXPERTS:
George McCan - Orthopedic Surgeon - Newport Beach
OFFER: -0-
DEMAND: $165,000
TRIAL TIME: 3 days
JURY TIME: 1 hr
GEORGE TATANGELO vs. THE WALT DISNEY CO.
Case No. 69 19 44; Tri-Service Reference No.
94-03-32
Verdict Date: December 14, 1993
TOPIC: Premises Liability: Hurt on Autopia in Disneyland
RESULT: Defense (verdict)
Defense
Arbitration: Defense by Kenneth Roberts, Trial de Novo by Plaintiff.
INJURY: Bulging discs at C3-4, C4-5. Trauma to spinal cord and cervical
spine with impingement. Exacerbation of previous existing osteoarthric
condition. Treatment: Cervical discectomy at C3-4 and C4-5 Residuals:
Trauma to degenerative disc disease
SPECIALS: Medical Costs: $16,500
STATE: California
AREA: Santa Ana
JUDGE: William Froeberg
PLAINTIFF ATTORNEY: Sean T. O'Bryan (Law Offices of Sean T.
O'Bryan), San Diego - (619)
525-2112
DEFENDANT ATTORNEY: Richard McCain (McCain & Ragsdale), Tustin -
(714) 731-2510
POLL: 9-3
FACTS: 7/16/91: Plaintiff, 63 year-old retired professor, was at
Disneyland with his 6 year-old grandson. He was on the autopia ride 4
times prior to the accident in the morning. He was on his 5th autopia
ride when the car he was in was bumped from behind. Plaintiff claimed his
car was slammed into. Plaintiff had ridden the autopia 8 times the day
before and approximately 8 times six months prior on an earlier trip to
Disneyland.
PLAINTIFF CLAIMED Disney Lane operator failed to control autopia traffic
and prevent bumping. The design of the autopia car was inappropriate.
DEFENDANT ARGUED no liability. Plaintiff had ridden on the ride 20 times
during the last six months and there is no medical proof that this rear
end bump caused Plaintiff's bulging discs.
PLAINTIFF TECHNICAL EXPERTS:
Garver, Eric - Orthopedic Surgeon - Bridgeport, CT
Groadhead, William G. - Automotive Safety Researcher - Santa
Barbara DEFENDANT TECHNICAL
EXPERTS:
None
INSURANCE COMPANY: Self-Insured
OFFER: None
DEMAND: $225,000
TRIAL TIME: 4 days
JURY TIME: 1 hour
GLENN vs. WALT DISNEY PRODUCTIONS
Case No. 310,698 Verdictum Juris No. 82-74D
Verdict Date: May 13, 1982
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Avulsion fracture left navicular joint of left foot; permanent
fixation. SPECIALS: $3,775.90 Medicals
STATE: California
AREA: Orange County
JUDGE: Hon. Lloyd E. Blanpied, Jr. - Dept. 21
PLAINTIFF ATTORNEY: Jack Hartney (Arden and Arden), Beverly Hills
DEFENDANT ATTORNEY: John T. Walker of W. Mike McCray Offices, Newport
Beach POLL: Yes
TITLE: Alice In Wonderland Negligent? No Way!!!
FACTS: On 12/27/78, the Pltf., a 14 year old student, was on the Alice In
Wonderland ride at Disneyland with friends He claimed the ride "jerked"
and his left foot was thrown out of the vehicle and caught against another
object. Pltf. claimed the ride should have been designed so his foot would
not come out of the vehicle. Deft. argued the Pltf. did not report the
accident to First Aid but only later told an employee on another ride.
The accident could not have happened as the Pltf described; Pltf. had to
be attempting to get out of the vehicle and got his foot caught beneath
the ride.
PLAINTIFF MEDICAL EXPERTS:
Homer Williams - Orthopedics - Inglewood
OFFER: Nothing
DEMAND: Nothing
TRIAL TIME: 4
JURY TIME: 1 1/2 hours
Goode v. Walt Disney World
Case No. 79-7698
Verdict Date: 1985
TOPIC: Premises
RESULT: $ 2,000,000 verdict
INJURY: Wrongful Death: Drowning
STATE: California
COUNTY: Orange
PLAINTIFF PROFILE: Sex: Male
Age: 4yr
PLAINTIFF COUNSEL: Freiden, Philip: Miami, FL
SUMMARY: $ 1.5 million jury verdict, following reduction for mother's
negligence, for the wrongful death of a four-year-old boy who drowned at
Disney World. While in defendant's park, decedent disappeared and was
found three hours later drowned in a moat surrounding Cinderella's castle.
Decedent is survived by his parents and three older siblings.
The jury awarded $ 1 million to the father and $ 1
million to the mother. The mother's award was then reduced 50 percent for her negligence in
supervision.
COURT: Cal., Orange County Circuit Court, No. 79-7698, Mar. 7,
1985
Goode v. Walt Disney World
Case No. 79-7698
Verdict Date: 1985
TOPIC: Premises
RESULT: $ 2,000,000 verdict
INJURY: Wrongful Death: Drowning
STATE: California
COUNTY: Orange
PLAINTIFF PROFILE: Sex: Male
Age: 4yr
PLAINTIFF COUNSEL: Freiden, Philip: Miami, FL
SUMMARY: $ 1.5 million jury verdict, following reduction for mother's
negligence, for the wrongful death of a four-year-old boy who drowned at
Disney World. While in defendant's park, decedent disappeared and was
found three hours later drowned in a moat surrounding Cinderella's castle.
Decedent is survived by his parents and three older siblings.
The jury awarded $ 1 million to the father and $ 1 million to the
mother. The mother's award was then reduced 50 percent for her negligence in
supervision.
COURT: Cal., Orange County Circuit Court, No. 79-7698, Mar. 7,
Goode v. Walt Disney World
Case No. 79-7698
Verdict Date: 1985
TOPIC: Products Liability
RESULT: $ 2,000,000 verdict, reduced by 25 percent due to
comparative negligence
INJURY: Wrongful Death :
STATE: California
COUNTY: Orange
PLAINTIFF PROFILE: Sex: Male
Age: 4yr
PLAINTIFF COUNSEL: Freiden, Philip: Miami, FL
SUMMARY: $ 1.5 million jury verdict, following reduction for mother's
negligence, for the wrongful death of a four-year-old boy who drowned at
Disney World. Decedent is survived by his parents and three older
siblings. The jury awarded $ 1 million to the father and $ 1 million to
the mother. The mother's award was then reduced 50 percent for her
negligence in supervision. COURT: Cal., Orange County Circuit Court, No.
79-7698, Mar. 7, 1985
GORDAN GREIG, VICTORIA MORGAN vs. THE WALT DISNEY
CO (DISNEYLAND)
Case No. 59 33 44; Tri-Service Reference No.
93-38-22
Verdict Date: September 10, 1993
TOPIC: Premises Liability: Fell in Disneyland
RESULT: Defense (verdict)
Defense
INJURY: Gordon: Fractured his ulna/radius near the growth plate, right
wrist instability creating bone instability and two fixation surgeries.
Victoria: Emotional distress.
SPECIALS: Medical Costs: approximately $25,000; Loss of
Earnings: None
STATE: California
AREA: Santa Ana
JUDGE: John Smith
PLAINTIFF ATTORNEY: Alex Macksoude & Siegfried C. Ringwald (Law Office
Alexander E. Macksoude), Torrance - (310) 543-1602
DEFENDANT ATTORNEY: Richard McCain (McCain & Ragsdale), Tustin -
(714) 731-2510
POLL: 11-1
FACTS: 6/9/88: Plaintiffs, 12 year-old boy and 40 year-old, were at
Disneyland. The family went to the Tom Sawyer Island. Gordan become lost
with his sister in Injun Joe's Cave. Gordon was spotted on a grassy knoll
on the island. Gordon tumbled down an embankment snagged a tree trunk
then reached up on an overhanging branch. Gordon lost his grip on the
tree and fell. PLAINTIFF CLAIMED the premises was unsafe.
DEFENDANT ARGUED the Plaintiff stated her son was climbing a tree and
fell. The Plaintiff's wrist instability was due to accidents that
occurred after his fall at Disneyland.
PLAINTIFF TECHNICAL EXPERTS:
Yao, Joseph - Orthopedic Surgeon - Orange
Linscheid, Ronald - Orthopedic Surgeon (hand) - Minnesota
DEFENDANT TECHNICAL EXPERTS:
None
INSURANCE COMPANY: None
OFFER: None
DEMAND: $50,000
TRIAL TIME: 3 days
JURY TIME: 1 hour
GREEN vs. WALT DISNEY PRODUCTIONS
Case No. 40 30 95 Verdictum Juris No. 88-63C
Verdict Date: April 12, 1988
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Trimallealar fracture of left ankle with internal fixation and
surgical removal; torn rotator cuff of rt. shoulder with surgery.
SPECIALS: $13,000 medical; loss of earnings dismissed by Pltf.
at trial.
STATE: California
AREA: Orange County
JUDGE: Hon. David Sills - Dept. 27
PLAINTIFF ATTORNEY: Timothy Johnson (Schell & Delamer), Santa Ana
DEFENDANT ATTORNEY: Richard E. McCain (Law Office of Richard E. McCain),
Santa Ana
POLL: 10-2
TITLE: Plaintiff Goes Down In Fantasyland
FACTS: On 5/14/82 at about 8:30 p.m., the Pltf., a 56 year old housewife,
and her husband were on a business trip from Kansas. On the last day she
and her husband went to Disneyland. She was in Fantasyland walking down
an exit pathway when she fell near the bottom of the pathway. She
testified that as she went to grab the handrail, she stepped out into
space and "ballooned" down the path about 80 ft. Pltf. thought she was on
a descending ramp with no steps. PLAINTIFF CLAIMED poor lighting on the
path made the pathway inherently dangerous; the lighting was below
standard; no warning signs or markings on the cement surface area.
DEFENDANT ARGUED no negligent design; the pathway was adequately lighted
to conform with electrical standards; it was consistent with other areas
of Fantasyland which has subdued non-glare lighting; there were ample
visual clues for the Pltf. to know she was on a pathway with steps.
PLAINTIFF MEDICAL EXPERTS:
Barry Friedman - Orthopedic Surgeon - Santa Ana
PLAINTIFF TECHNICAL EXPERTS:
Reuben Vollmer - Mechanical/Safety Engineer - Long Beach
DEFENDANT MEDICAL EXPERTS:
George McCan - M.D. - Orthopedic Surgeon - Newport Beach
DEFENDANT TECHNICAL EXPERTS:
Paula Dinkle - Walt Disney Imageering, Light Design - Burbank
OFFER: Nothing
DEMAND: $100,000 before trial
TRIAL TIME: 3 1/2
JURY TIME: 1 1/2 hours
GREGARY BARTON vs DISNEYLAND
Case No. 35-68-86
Verdict Date: August 2, 1984
TOPIC: AMUSEMENT PARK RIDE ACCIDENT AT DISNEYLAND/NEGLIGENT
MAINTENANCE
RESULT: Defendant (Verdict)
INJURY: Whiplash.
SPECIALS: $1,000 MED, $8,400 LE.
STATE: California
COUNTY: Orange
JUDGE: Richard W. Luesebrink
PLAINTIFF ATTORNEY: Carrie MacMillin
DEFENDANT ATTORNEY: McCray, McCain & Walker by Richard McCain
POLL: 12-0
FACTS: Plf first made Stat demand of $10,000. Case was then arbitrated for
$7,500. Deft filed for Trial de novo. Plf then reduced Stat demand to
$6,500. Accident happened on deft's Space Mountain ride on 1-31-81. Plf
(26-psychiatric aide) and friend were aboard a "rocket" when analog brake
caused them to slow down and they were rearended by another vehicle.
Alleged overtrimming caused accident and claimed deft negligent.
DEFENSE: Admitted analog brake was overtrimmed but not cause of accident.
Ride monitored by computer to prevent collisions. Contended plf went to
First Aid station, was given an aspirin but did not report accident until
he left park one hour later.
PLAINTIFF MEDICAL EXPERTS:
None called
DEFENDANT MEDICAL EXPERTS:
John Howard, Ortho, LA
OFFER: None
DEMAND: $49,000
TRIAL TIME: 3 days
JURY TIME: 1 1/2 hrs
HAKES, et al vs DISNEYLAND
Case No. 27-33-04
Verdict Date: August 14, 1981
TOPIC: Amusement Park Accident (Chain Reaction Rearender)
RESULT: Defendant (Verdict)
INJURY: All claimed soft tissue, whiplash type.
SPECIALS: $10,000 (approx) total, claimed; $8,000 Chiro care for all plfs
plus LE claim made by plf-husband.
STATE: California
COUNTY: Orange
JUDGE: Kline (Pro Tem)
PLAINTIFF ATTORNEY: Kenneth Roberts
DEFENDANT ATTORNEY: W. Mike McCray
POLL: 12-0
FACTS: This case first arbitrated with defense award. Plfs filed for
Trial De Novo. There were originally 7 plfs but only 5 went to trial; 3
adults and 2 children. Plf family and friends (all plfs) had been driving
Fantasyland Autopia cars and were approaching unloading area when the line
of cars (plfs in 3 or 4 cars) was rearended by an inexperienced youngster
driving a car behind them. All cars rearended each other upon impact.
Defense: No negligence. No proximate cause.
PLAINTIFF MEDICAL EXPERTS:
Name unobtainable, Treating Chiro
PLAINTIFF EXPERTS:
None Called
DEFENDANT MEDICAL EXPERTS:
None Called
DEFENDANT EXPERTS:
Harrison Brink, Engr
OFFER: None
DEMAND: $16,000 before trial; $7,500 during trial
TRIAL TIME: 4 days
JURY TIME: 1 hr
HAMINGER vs. WALT DISNEY PRODUCTIONS
Case No. 43-76-31 Verdictum Juris No. 85-233C
Verdict Date: October 31, 1985
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Fractured right wrist; soft tissue neck and back; Pltf.
claimed he was advised that a bone
fusion would be necessary.
SPECIALS: Medical $1,500 (V.A. benefits received)
STATE: California
AREA: Orange County
JUDGE: Hon. Phillip Petty - Dept. 33
PLAINTIFF ATTORNEY: Alan Jule Schultz, Beverly Hills
DEFENDANT ATTORNEY: Richard E. McCain, Newport Beach
POLL: 12-0
TITLE: When You Gotta Co . . . Don't Stand Up!
FACTS: On 4/1/84, the Pltf., a 30 yr. old unemployed cable installer, was
with his friend leaving Deft.'s amusement park. They intended to board a
parking lot tram but instead boarded the hotel tram. Pltf. fell off the
tram and fractured his wrist. He then ran to his car and did not report
the incident until a week later.
PLAINTIFF CLAIMED the Deft.'s tram was traveling at an unsafe speed. The
Pltf. was thrown out of the tram when it turned at a sharp right angle.
DEFENDANT ARGUED that after Pltf. realized he was on the wrong tram, he
jumped off and caused his own injury.
OFFER: Nothing
DEMAND: $25,000
TRIAL TIME: 2 1/2
JURY TIME: 1 hour
EDITOR'S NOTE: Pltf. indicated to the Deft. that he stood up and slid off
the tram in an attempt to cross his legs because he had to urinate. The
prior arbitration award was $2,250, from which both parties appealed.
HARRIS vs. WALT DISNEY PRODUCTIONS
Case No. 26,58,03 Verdictum Juris No. 81-93D
Verdict Date: October 22, 1981
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Bruises and contusions over whole body.
SPECIALS: $4,500 Medical plus $8,000 L.O.E.
STATE: California
AREA: Orange County
JUDGE: Hon. John Flynn - Dept. 34
PLAINTIFF ATTORNEY: Ronald W. Chrislip (1505 No. Broadway),
Santa Ana
DEFENDANT ATTORNEY: W. Mike McCray, Newport
POLL: 9-3
TITLE: A Short Cut . . . . And A Sprinkler . . . .
FACTS: On 9/25/76, the Pltf., age 43, and her 3 young girls were leaving
Disneyland. At the exit, 2 hostesses had set up a table near one of the
flower beds and were handing out Mickey Mouse posters. The Pltf. tried to
go around the table, into the flowerbed, and tripped on a sprinkler head.
Pltf. argued the exiting crowd was out of control and forced her into the
flower bed. Deft. argued the crowd was no problem. The Pltf. was pushing
and demanding, in a hurry and was trying to take a short cut.
PLAINTIFF MEDICAL EXPERTS:
Ben Solkamans - Chiropractor - Garden Grove
Harvey Dannis - Ortho - Newport Beach
DEFENDANT MEDICAL EXPERTS:
George S. McCan - Ortho - Newport
OFFER: $500
DEMAND: Not Firm
TRIAL TIME: 4
JURY TIME: 3 1/2 hours
HAY KANUSH KALAMDARYAN vs. THE WALT DISNEY CO.
Case No. 57 53 39
Verdict Date: October 25, 1991
TOPIC: Premises
RESULT: Defense (verdict)
Prior Arbitration: $15,000, Trial de Novo by Defense.
INJURY: Nondisplaced fracture of the left greater trochanter.
SPECIALS: Medical Costs: $6,000
STATE: California
AREA: Santa Ana
JUDGE: Francisco Firmat
PLAINTIFF ATTORNEY: Terry McAuliffe (Roland & Pennington),
Hollywood - (213) 462-4365
DEFENDANT ATTORNEY: Richard McCain, Santa Ana - (714) 953-4242
POLL: 12-0
TITLE: Disneyland . . . Wins Again
FACTS: 9/15/88: Plaintiff, 58 year-old homemaker, was at Disneyland with
her family. It was a sunny day and she was walking on the premises when
she slipped on a peach skin which caused her to lose balance and fall.
PLAINTIFF CLAIMED peach was covered with tree leaves. The area had not
been maintained per Disneyland's own standards.
DEFENDANT ARGUED that area was well maintained.
PLAINTIFF TECHNICAL EXPERTS:
Yousif, Hartyoun - Neurologist/Orthopedic Surgeon - Los Angeles
DEFENDANT TECHNICAL EXPERTS:
McCan, George - Orthopedic Surgeon - Newport Beach
OFFER: None
DEMAND: $10,000 CCP 998 pre trial demand.
TRIAL TIME: 2 1/2 days
JURY TIME: 3 hours
HAYNES vs. WALT DISNEY PRODUCTIONS
Case No. 30-12-64 Verdictum Juris No. 81-93C
Verdict Date: February 27, 1981
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Pltf. Husband: Headaches and soft tissue low back.; Pltf. Wife:
Back strain & "horrendous headaches".
SPECIALS: Husband: Medical - $6,000, Lost Earnings - $2,000.;
Wife - Medical - $2,000.
STATE: California
AREA: Orange County
JUDGE: Hon. Walter W. Charamza - Dept. 31
PLAINTIFF ATTORNEY: John W. Nelson (Weisenberg, Nelson, Viefhaus
& Lutes), Fountain Valley
DEFENDANT ATTORNEY: W. Mike McCray (Law Offices of W. Mike
McCray), Newport
POLL: 9-3
TITLE: All Aboard The Astro Jet Ride
FACTS: On 11/13/77, the Pltf., a 42 year old trucker, and his 41 year old
wife, were at Disneyland and attempting to board the "Astro Jet" ride.
Pltf. had one foot on the bench seat and was half way into the jet. His
wife had one foot on the ground and the other on the step to get into the
jet. The operator was on the mike, ("Keep your hands and arms inside . .
. etc.), when 2 12 year old boys reached behind the operator and pushed
the start button and UP went the jets. Pltf. was thrown forward and into
the cabin with a leg in the air. His wife stepped back and off the jet
and landed on the ground. Pltf. claimed operator inattention and
negligence in allowing the boys to press the button. Deft. argued that
30,000,000 riders and no accidents, no defects and no negligence on their
operator.
PLAINTIFF MEDICAL EXPERTS:
Leroy Nelson - Chiropractor - Norco
PLAINTIFF TECHNICAL EXPERTS:
Eugene C. Byrne - Engineer - Anaheim
John Clements - Accident Recon. - Los Alamitos
DEFENDANT MEDICAL EXPERTS:
George S. McCan - Ortho - Newport Beach
OFFER: $6,500 - would go $7,500
DEMAND: $50,000 - lowered to $20,000
TRIAL TIME: 4
JURY TIME: 1 1/2 hours
HELEN CUZZOLINO vs. THE WALT DISNEY CO.
Case No. 561370; Tri-Service Reference No.
92-44-16
Verdict Date: September 27, 1992
TOPIC: Trip & Fall: Sidewalk in Disneyland
RESULT: Defense (verdict)
Defense
Arbitration: Defense; Trial de Novo by Plaintiff.
INJURY: Fractured right femoral neck. Treatment: Open reduction
surgery and internal fixation.
SPECIALS: Medical Costs: $15,200 past, unknown future.
STATE: California
AREA: Santa Ana
JUDGE: Robert Gardner
PLAINTIFF ATTORNEY: Jeff Lowry & Fred W. Anderson (Chambers,
Hoffman & Noronha), Santa
Ana - (714) 558-1400
DEFENDANT ATTORNEY: Richard McCain, Santa Ana - (714) 953-4242
POLL: 11-1
FACTS: 9/11/87: Plaintiff, 80 year-old female, was walking
behind her family members at Disneyland
when she fell. Plaintiff admits she saw nothing but all the
pretty things. She did not see the curb nor
the sidewalk which was in the path of Plaintiff's travel.
PLAINTIFF CLAIMED there was a hole in the sidewalk which caught
her right foot causing her to fall.
Plaintiff's granddaughter says moments before Plaintiff's fall,
she stumbled. As the granddaughter
turned to tell Plaintiff to watch out, Plaintiff was falling.
DEFENDANT ARGUED there was no defect or negligence. Plaintiff
fell because she was not paying
attention.
PLAINTIFF TECHNICAL EXPERTS:
Fein, Gerald - Orthopedic Surgeon - Torrance
DEFENDANT TECHNICAL EXPERTS:
None
INSURANCE COMPANY: Self Insured
OFFER: None
DEMAND: $335,200
TRIAL TIME: 3 1/2 days
JURY TIME: 1 1/2 hours
HESS V. WALT DISNEY WORLD CO.
Case No. CI 92-5566; LRP Publication No. 116296
Trial Date: May 1993
TOPIC: Premises Liability - Fall at Amusement Park
RESULT: $ 189,900 (Plaintiff Verdict)
Compensatory: $ 164,900 (Past Medical: $ 28,900; Pain and
Suffering: $ 136,000)
Loss of Services: $ 25,000; Loss of Services By: Spouse
Plaintiff's Negligence: 75%
INJURY: Patellectomy, Rotator Cuff, Shoulder
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
JUDGE: Jay P. Cohen
PLAINTIFF ATTORNEY: Edmund A. Normand, Orlando, FL; Orman L.
Kimbrough, Jr., Orlando, FL
DEFENDANT ATTORNEY: James E. Glatt, Jr., Orlando, FL
INCIDENT DATE: 04/89; FILING DATE: 01/92
SUMMARY: A 69-year-old homemaker suffered a torn rotator cuff to the
shoulder requiring surgery, resulting in limited mobility, and an
aggravation of a knee condition, requiring a knee replacement, when she
fell over a podium at the defendant's theme park. The plaintiff contended
that the defendant negligently placed the podium in the path of the
patrons, that the color of the podium was dark, and that the location of
the podium was not well lighted. The defendant contended that the podium
was in an open area and that the plaintiff's injuries were caused by her
own negligence. The defendant's expert contended that the plaintiff's knee
replacement was not related to the fall. The plaintiff was found 75
percent negligent, and the award was reduced accordingly. PLAINTIFF
MEDICAL EXPERTS: Orthopedic Surgeon: Seligman, Gerald, M.D., Seattle WA
PLAINTIFF EXPERTS:
Human Factors Expert: Kennedy, Robert, Ph.D., Orlando FL
PLAINTIFF PROFILE:
Age: 69
Sex: Female
Occupation: Homemaker
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
OFFER: $ 15,000
HIGGINS vs. WALT DISNEY PRODUCTIONS
Case No. 39 94 70 Verdictum Juris No. 85-58CD
Verdict Date: March 7, 1985
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Cerebral hematoma with a craniotomy; paraplegia at L-1
level; unable to walk; no use of
bowel functions.
SPECIALS: Medical - $120,000; future medical - $96,000; L.O.E. - $834,200;
Home care - $1,788,000; Physical service equipment - $776,000; Loss of
enjoyment: Double special; Total - $3,614,429.04
STATE: California
AREA: Orange County
JUDGE: Hon. James Smith - Dept. 11
PLAINTIFF ATTORNEY: Alvin Wechsler, Alvin Millstone (Millstone, Berman &
Wechsler), Beverly Hills
DEFENDANT ATTORNEY: W. Mike McCray, Richard E. McCain (McCray, McCain &
Walker), Newport Beach
POLL: 9-3
TITLE: From Quartz Hill . . . . To Space Mountain
FACTS: On 2/19/83, the Pltf., an 18 year old student from Quartz Hill,
drove with two other friends to Disneyland. They entered the park and
within 30 minutes left for a residential area where they consumed 8 tall
cans of Magnum malt liquor. They returned to Disneyland but were told to
leave when parking attendants saw the Pltf. urinating in the parking lot.
They left and reparked their car. On entering the park they went directly
to the Space Mountain ride. The Pltf. was seated in the rear seat of the
last rocket when he fell out on the last curve on that ride. Pltf. now
brain damaged and paraplegic. PLAINTIFF CLAIMED (2 theories), #1 -
negligent operation of the Space Mountain ride, improper lap bar or #2,
negligent screening of intoxicated persons entering Disneyland.
DEFENDANT ARGUED no design defect. The attraction is structurally sound.
In fact, you can ride the attraction safely without a lap bar (but don't
try it). In order for this accident to occur, the Pltf. had to voluntarily
raise his center of gravity.
PLAINTIFF MEDICAL EXPERTS: Joel S. Rosen, FACP, - Northridge - Certified
American Board of Physical PLAINTIFF TECHNICAL EXPERTS: Margaret Murphy,
R.N., M.S.N. - Pasadena Sara Guentz, R.N., B.S.N. - Long Beach David T.
Barker, Ph.D. - Economist - Pasadena Alan K. Miller, B.S., M.S. - Engineer
- Los Angeles
DEFENDANT TECHNICAL EXPERTS:
Boris Auksman, Ph.D. - Engineer - Los Angeles
OFFER: -0-
DEMAND: $7,228,858
TRIAL TIME: 9 days
JURY TIME: 1 day
HILL V. GALLAGHER; WALT DISNEY WORLD COMPANY
Case No. CI 91-283; LRP Publication No. 117399
Trial Date: July 1993
TOPIC: Business Negligence - False Arrest
RESULT: $ 216,700 (Plaintiff Verdict)
Compensatory: $ 16,700 (Past Medical: $ 4,200; Future Medical: $ 2,500;
Pain and Suffering: $ 10,000)
Punitive Damages: $ 200,000
INJURY: Posttraumatic Stress Disorder
STATE: Florida (FL)
COUNTY: Orange
COURT: Common Pleas
JUDGE: William C. Gridley
PLAINTIFF ATTORNEY: Joseph A. Glick, Miami, FL; Judith B. Friedland,
Orlando, FL DEFENDANT ATTORNEY: Bruce R. Bogan, Orlando, FL; John H. Ward,
Orlando, FL INCIDENT DATE: 02/89; FILING DATE: 01/91
SUMMARY: A 39-year-old female clerical worker suffered posttraumatic
stress and an aggravation of preexisting psychological problems when she
was falsely imprisoned and assaulted by the male defendant sheriff and
co-defendant amusement park security personnel. The plaintiff maintained
that she is unable to work full time due to her injuries. The plaintiff
and a former employee of the co-defendant were visiting the co-defendant
and videotaping different scenes in the park. A security guard asked the
plaintiff and her companion to go to the security building with him after
several of the park's employees complained that they had been videotaped
by the plaintiff, and since the plaintiff's companion had been terminated
by the park. The guard notified the defendant and they searched the
plaintiff's videoptape equipment, tapes, purse, and camera bag and
escorted the plaintiff and her companion from the park, advising them that
if they returned, they would be arrested. The plaintiff contended that the
defendants intentionally inflicted emotional distress upon her.The
defendant received a directed verdict.
PLAINTIFF MEDICAL EXPERTS:
Mental Health Counselor: Butkins, Peter, M.S., Longwood FL
DEFENDANT MEDICAL EXPERTS:
Psychiatrist: Kirkland, Robert, M.D., Orlando FL
PLAINTIFF PROFILE:
Age: 39
Sex: Female
Occupation: Clerical/Office
DEFENDANT PROFILE: (multiple defendants)
Age: n/a; n/a
Sex: Male; Organization
Race: n/Asian; n/Asian
Occupational Field: Public Administration-Justice, Public
Order and Safety; n/a
Occupation: Officer; n/a
Insurance: n/a; n/a
Policy Limit: n/a; n/a
Defendant Type: Combination of Individual(s) and
organization(s) Organization Type: n/a;
Services-Amusement and Recreation HOMIER vs. WALT DISNEY CO.
Case No. 505362 Verdictum Juris No. 88-141A
Verdict Date: August 18, 1988
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Fractured femur, displaced sub-capital fracture with partial hip
replacement and likely two future surgeries.
SPECIALS: Medical - $18,000 for each surgery
STATE: California
AREA: Orange County
JUDGE: Hon. Richard W. Luesebrink - Dept. 33
PLAINTIFF ATTORNEY: Theodore A. Anderson, Brea
DEFENDANT ATTORNEY: Richard E. McCain, Los Angeles
POLL: 12-0
TITLE: On Main Street, U.S.A. . . . . A Falldown
FACTS: On 11/2/85, the Pltf., a 63 year old housewife, was on vacation
with her husband. They resided in Washington State and were visiting
Disneyland. They were walking toward the Mr. Lincoln Attraction on Main
Street. She lost hold of her husband and tripped on the curbing. She
fell on her left side fracturing the left femur.
PLAINTIFF CLAIMED the crowd was unrestrained and prevented the Pltf. from
seeing the curb.
DEFENDANT ARGUED no defect in the sidewalk, curb, or street.
The crowd was light on 4/2/85.
PLAINTIFF MEDICAL EXPERTS:
Patrick S. Zaccalini - Ortho Surgery - Los Angeles
OFFER: Nothing
DEMAND: $200,000
TRIAL TIME: 2 DAYS
JURY TIME: 20 mins.
HUBERT vs. WALT DISNEY PRODUCTIONS
Case No. 42-47-79 Verdictum Juris No. 86-180B
Verdict Date: August 14, 1986
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Fracture of the left humerus near the shoulder;
tendinitis.
SPECIALS: Medical - $1,300.
STATE: California
AREA: Orange County
JUDGE: Hon. Robert A. Know - Dept. 19
PLAINTIFF ATTORNEY: William I. Goldstein, Encino
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: 11-1
TITLE: A Stroll In The Rain
FACTS: On 11/12/83, the Pltf., age 52, and her husband, were at
Disneyland. At about 8:00 P.M. there was a drizzling rain as the Pltf.
and her husband were strolling near Rivers of America. Her left foot
slipped forward and she fell on her left shoulder. She was unconscious
for several moments. Her husband noticed that at the location of the fall
there were brass metal discs imbedded in the pavement which were used as a
base for crowd control stations. PLAINTIFF CLAIMED these metal discs in
the walkway constituted a hazardous condition particularly when it is
raining. No warning of the condition. DEFENDANT ARGUED the pavement was
well maintained; the surface has an anti-skid coating. The brass discs do
not create any dangerous condition. Pltf. failed to prove she fell on a
metal disc.
PLAINTIFF MEDICAL EXPERTS:
Richard G. Saxon - Ortho - Encino
OFFER: Nothing
DEMAND: $25,000 (CCP998)
HUFF v. DISNEYLAND
Case No. 44 16 92 Verdictum Juris No. 89-150D
Verdict Date: October 3, 1989
TOPIC: Premises Liability
RESULT: Defendant (verdict)
Prior arbitration award - $7,205; Deft. trial de novo
INJURY: Right elbow contusion - low back pain.
SPECIALS: $869.50 - Medical; L.O.E. - $7,000
STATE: California
AREA: Santa Ana
JUDGE: Hon. Claude Owens - Dept. 34
PLAINTIFF ATTORNEY: Gary Redinger, San Bernardino
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: 12-2
TITLE: Falling In "Never Never Land"
FACTS: On 10/20/83, the Pltf., a 28 year old general contractor, was
riding with his friends and family on the "Peter Pan" ride. As he stepped
from the ride, the car allegedly jerked, throwing Pltf. back into the
vehicle. PLAINTIFF CLAIMED Deft. maintained a dangerous condition by
allowing the the cars to jerk. 3 eyewitnesses saw the attraction shut
down or manually advance. Res Ipsa Loquitor, imminent peril and common
carrier instructions were given. DEFENDANT ARGUED the accident never
happened. It could not have occurred as described. There were no prior
operation problems on the ride. PLAINTIFF MEDICAL EXPERTS: Guy Gottschalk
- Internal Medicine - Santa Ana
OFFER: Nothing
DEMAND: $5,000 - raised to $27,000 at trial
TRIAL TIME: 4 1/2 days
JURY TIME: 3 1/2 hrs.
IRENE GREEN, Plaintiff, by TIMOTHY JOHNSON (Schell
& Delamer)
vs.
WALT DISNEY PRODUCTIONS, Defendant, by RICHARD
McCAIN
Case No. 40-30-95
Verdict Date: 5/27/88
TOPIC: PREMISES LIABILITY - IMPROPER LIGHTING
RESULT: Defendant (VERDICT)
STATE: California
AREA: Orange County
JUDGE: Sills
JURY POLL: 10/2
SUMMARY: 5-14-82. Pltf., 56 year old lady, with husband touring
Disneyland with friends. Pltf. was walking down the "exit" pathway.
Pltf. alleged she thought she was on a descending ramp that had no steps.
As she went to grab a handrail she stepped out into space and "ballooned"
down the path for approximately 80 feet. Pltf. claims pathway dangerous
as the lighting was below recommended standards and there were no warning
signs or markings. DEFENSE: Adequate lighting, conformed to standards and
was consistent with other Fantasyland areas having subdued lighting.
Claims ample visual cluses indicating pltf. should know she was on a
pathway with steps.
INJURY: Trimallealar fracture of left ankle. Internal fixation and
removal. Torn rotator cuff right shoulder with surgery. MED: $13,000.
PLAINTIFF MEDICAL EXPERTS: Barry Friedman, Ortho/Surgeon (Santa Ana)
PLAINTIFF EXPERTS: Reuben Vollmer, Safety Engr. (Long Beach) DEFENDANT
MEDICAL EXPERTS: George McCan, Ortho/Surgeon (Newport Beach) DEFENSE
EXPERTS: Paula Dingle, Walt Disney Imageering and Light Design (Burbank)
TRIAL TIME: 3 1/2 Days
DELIBERATION TIME: 1 1/2 Hours
OFFER: None
DEMAND: $100,000
IRENE GREEN vs WALT DISNEY PRODUCTIONS
Case No. 403095
Verdict Date: April 21, 1988
TOPIC: PREMISES LIABILITY - FALL AT DISNEYLAND - FX ANKLE AND
TORN ROTATOR CUFF
W/SURGERY
RESULT: Defense (Verdict)
INJURY: Trimallealar fracture of the left ankle. Internal fixation and
removal. Torn rotator cuff of right shoulder with surgery.
SPECIALS: $13,000 Med
STATE: California
COUNTY: Orange
JUDGE: David Sills
PLAINTIFF ATTORNEY: Schell and Delamer By: Timothy Johnson - Los Angeles
DEFENDANT ATTORNEY: Law Offices of Richard E. McCain By: Richard E. McCain
- Santa Ana
POLL: 10-2
FACTS: Accident occurred May 14, 1982 after dark, approximately 8:30 p.m.
when pltf, (56 year old woman) accompanied her husband on a business trip
from Kansas. On the last day of the visit pltf, her husband and two
friends went to Disneyland. Pltf was walking down the exit pathway at
Disneyland and fell near the bottom of the pathway. Pltf thought it was a
descending ramp that had no steps. As she went to grab a handrail she
stepped out into space and "ballooned" down the path approximately 80
feet.
Pltf claims the pathway was inherently dangerous because the lighting
along the walkway was below recommended standards and there was no warning
signs or markings on the cement surface area.
DEFENSE: Defendant claimed no negligent design. The pathway was
adequately lit to conform to standards and was consistent with other areas
of Fantasyland having subdued non-glare lighting. There was ample visual
clues for pltf to know she was on a pathway with steps.
PLAINTIFF MEDICAL EXPERTS:
Barry Friedman, Orthopedic Surgeon, Tustin
PLAINTIFF EXPERTS:
Reuben Vollmer, Mechanical/Safety Engineer, Long Beach
DEFENDANT MEDICAL EXPERTS:
George McCan, Orthopedic Surgeon, Newport Beach
DEFENDANT EXPERTS:
Paula Dinkle, Walt Disney Engineering/Lighting, Burbank
OFFER: None; defense argued for a defense verdict
DEMAND: $100,000; pltf's atty asked the jury for $350,000
TRIAL TIME: 3 1/2 days
JURY TIME: 1 1/2 hours
PRESENTED IN CRA 1988 No. 7 Pg 17
JACOBS V. WALT DISNEY WORLD CO.
Case No. CI 89-7966; LRP Publication No. 105891
Trial Date: January 1992
TOPIC: Premises Liability - Fall At Amusement Park
RESULT: $ 80,000 (Plaintiff Verdict)
Compensatory: $ 80,000
Plaintiff's Negligence: 65%
INJURY: Shoulder Nerve Damage
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
JUDGE: W. Rogers Turner
PLAINTIFF ATTORNEY: George W. Salter, Orlando, FL; Arthur J.
Ranson, III, Orlando, FL
DEFENDANT ATTORNEY: Carol S. Pacula, Lake Buena Vista, FL
INCIDENT DATE: 04/87; FILING DATE: 01/89
SUMMARY: A 64-year-old unemployed female sustained a rotator cuff tear,
with impingement syndrome, adhesive capsulitis, and osteoarthritis of the
acromioclavicular joint when she fell while at the defendant amusement
park. The plaintiff subsequently underwent a Neer acromioplasty of the
left shoulder with resection of the distal clavicle, rotator cuff repair
to the bone and the left shoulder, subacromial bursectomy of the left
shoulder, and the manipulation of the left shoulder. The plaintiff
contended that while attending a electric light parade at the park, she
was crossing a side street and that her foot struck the side of a
wheelchair ramp, causing her to fall. The plaintiff also contended that
the street lights were dimmed in the area for the parade and that the
defendant negligently failed to maintain the area around the ramp, failed
to provide adequate lighting, and failed to correct a dangerous condition.
Prior to trial, the plaintiff amended her complaint to include failure to
warn. The defendant maintained that the plaintiff testified she was not
looking where she was going at the time of the accident. The plaintiff was
found 65 percent negligent, and the award was reduced accordingly.
PLAINTIFF EXPERTS:
Safety Expert: Dale, Ronald, Orlando FL
PLAINTIFF PROFILE:
Age: 64
Sex: Female
Occupation: Unemployed
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
JAMES BENNETT vs. WALT DISNEY COMPANY
Case No. B74811; Tri-Service Reference No.
93-33-32
Verdict Date: August 4, 1993
TOPIC: Premises Liability: Hit Head on Ceiling in Disneyland
RESULT: Defense (verdict)
Defense
INJURY: Sprain/strain to cervical neck and headache
SPECIALS: Medical Costs: $3,500
STATE: California
AREA: Santa Ana Municipal
JUDGE: Betty Elias
PLAINTIFF ATTORNEY: Eric Trout (The Trout Law Firm), Santa Ana -
(714) 835-7000
DEFENDANT ATTORNEY: Richard McCain (McCain & Ragsdale), Santa
Ana - (714) 953-4242
POLL: 9-3
FACTS: 11/24/91: Plaintiff, 39 year-old school teacher, was at Disneyland
with his wife and friends. They were on Space Mountain when the "rocket"
was sidetracked by Disneyland employees due to crying children. Once in a
storage area, the rocket was to be evaluated. The Plaintiff, while
stepping out of the rocket, hit or jammed his head into a low ceiling.
PLAINTIFF CLAIMED poor visibility in evaluation area and no
warning of low ceiling.
DEFENDANT ARGUED Plaintiff was impatient and angry to be sidetracked.
Plaintiff had prior cervical laminectomy at C3-7. Defendant argued no
causation to current complaints.
PLAINTIFF TECHNICAL EXPERTS:
Beamer, Yancey - Neurologist - Tustin
DEFENDANT TECHNICAL EXPERTS:
None
OFFER: None
DEMAND: $9,500
TRIAL TIME: 3 days
JURY TIME: 4 hours
JAMES HIGGINS vs DISNEYLAND
Case No. 39-94-70
Verdict Date: March 15, 1985
TOPIC: PRODUCT LIABILITY FALL FROM AMUSEMENT PARK RIDE/PARAPLEGIA RESULT:
Defendant (Motion for New Trial - Pltf; pending) (Verdict) INJURY:
Paraplegia.
SPECIALS: $3,700,000 including future surgery, home care, counseling &
medication plus present MED, LE and projected LE.
STATE: California
COUNTY: Orange
JUDGE: James L. Smith
PLAINTIFF ATTORNEY: Millstone, Berman & Wechsler by Allen Millstone and
Alvin Wechsler (Beverly Hills)
DEFENDANT ATTORNEY: McCray, McCain & Walker by W. Mike McCray and Richard
E. McCain (Newport Beach)
POLL: 9-3
FACTS: Accident happened on 2-19-83 when pltf (18-student) fell from Space
Mountain ride at deft's park. Alleged negligent maintenance and defective
design of ride caused him to be thrown from the seat.
DEFENSE: No design defect; pltf sole cause. Contended pltf and 2 friends
having drunk Magnum malt liquor came to Disneyland under the influence and
during course of Space Mountain ride pltf overcame lap-bar device, raised
his center of gravity which then caused him to be ejected from vehicle;
pltf failed to exercise safety for his own person.
PLAINTIFF MEDICAL EXPERTS:
Joel Rosen, Neuro, Northridge
PLAINTIFF EXPERTS:
David Barker, Econ, Pasadena
Keith Miller, Acci Recon, Pasadena
Sara Guentz, R.N., Los Amigos Hosp
Margaret Murphy, R.N., Los Alamitos
DEFENDANT MEDICAL EXPERTS:
None called
DEFENDANT EXPERTS:
Boris Auksman, Mech Engr, Sierra Madre
REPORT FOR ATTORNEYS
William Natkins, Mech Engr, Glendale
OFFER: None
DEMAND: $6,000,000 before Trial per pltf's Atty; pltf's Atty
asked Jury for $7,500,000 as per deft's
Atty.
TRIAL TIME: 2 wks
JURY TIME: 5 1/2 hrs
PRESENTED IN CRA 1985 No. 6 Pg 15
JENNIFER BRANDT, Plaintiff, by BYRON RABIN and D.
HATCHIMONJI (Rose, Klein, et al.)
vs.
DISNEYLAND, Defendant, by RICHARD E. MCCAIN
Case No. 35-39-40
Verdict Date: 4/21/86
TOPIC: WRONGFUL DEATH AND EMOTIONAL DISTRESS
RESULT: Defense (VERDICT)
STATE: California
AREA: Orange County
JUDGE: Green
JURY POLL: 9/3
SUMMARY: Decedent, 40 year old sheet metal worker, his wife (pltf.) and
daughter visiting Disneyland. Decedent became dizzy, sweating profusely
and was in pain. Wife left to request help, but meanwhile a security guard
had obtained two nurses. Decedent told them he didn't wish to leave on
the gurney without his wife who was found a bit later. Decedent, with his
family, taken to hospital by ambulance. Transportation took approximately
7-10 minutes. Decedent died of ventricular fibrillation 4 minutes after
his arrival at the hospital. Pltf. claims deft. negligent by failing to
summons paramedics who would have rendered advance cardiac life support at
the scene and stabilized his condition. Pltf. also claims deft. should
have taken decedent to nearest medical facility and alleged emotional
distress. DEFENSE: No belief that decedent was in severe distress. Any
delay caused by search for wife and all actions proper in getting decedent
to hospital.
INJURY: L/E: $136,055.
PLAINTIFF MEDICAL EXPERTS: James Shelbourne, Cardiologist
(Newport Beach), Brennan
Cassidy, E.R. (Costa Mesa) John Hall, E.R. (Garden Grove), and
Jack Van Grow, Cardiology
(Garden Grove)
PLAINTIFF EXPERTS: Robert Helig, Paramedic (Montana), and (Wayne
Lancaster, Econ. (Fullerton)
DEFENDANT MEDICAL EXPERTS: Arthur Selvan, Cardiologist (Tustin)
DEFENSE EXPERTS: Chief Charles Kanenbley, Emergencies, Anaheim
Fire Department
OFFER: Defense Attorney would Recommend $10,000
DEMAND: $1,700,000
JOHNSON V WALT DISNEY WORLD CO.
Case No. CI 88-7786; LRP Publication No. 53714
Trial Date: March 1990
TOPIC: Premises Liability - Fall At Amusement Park
RESULT: $ 6,050 (Plaintiff Verdict)
Compensatory: $ 6,050
INJURY: Ankle Sprain
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
PLAINTIFF ATTORNEY: Ted Crespi, Hollywood, FL.
DEFENDANT ATTORNEY: DeWolf, Ward, et al., by John H. Ward,
Orlando, FL.
INCIDENT DATE: 03/85
SUMMARY: A 25-year-old female secretary suffered ankle injuries after a
fall in an unpaved parking area. The plaintiff contended that the
defendant was negligent by allowing loose gravel and debris to accumulate;
causing her to trip and fall on the way to her tour bus.
PLAINTIFF MEDICAL EXPERTS: Orthopedics Expert: Broderick, Thomas, M.D.,
Orlando FL JONATHAN OSWAKS vs. THE WALT DISNEY CO., WALT DISNEY PICTURES
AND CHARLES DIGGINS
Case No. EC 004 950; Tri-Service Reference No.
94-34-13
Verdict Date: April 19, 1994
TOPIC: Auto vs. Auto: Left Turn in Intersection
RESULT: $88,442 (verdict)
$88,442.57; $25,942.57 economic damages, $62,500 non-economic damages
Arbitration: $75,000 by Steven Sauer; Trial de Novo by Plaintiffs.
INJURY: Anterior dislocation of the shoulder, 2 herniated discs Treatment:
Shoulder surgery and a double laminectomy Residuals: Continuing back pain;
occasional numbness and loss of strength; unable to use hand tools used in
his design work.
SPECIALS: Medical Costs: $50,000 past; future disputed; Loss of
Earnings: up to $26,000
(stipulated)
STATE: California
AREA: Van Nuys
JUDGE: Leon Kaplan
PLAINTIFF ATTORNEY: Robert Mommaerts & Wendy Rossi (Law Offices
of Dale Gribow), Beverly
Hills - (310) 275-4525
DEFENDANT ATTORNEY: Howard S. Secof (Honn & Secof), Los Angeles
- (213) 629-3900
POLL: 11-1 economic, 10-2 non-economic
FACTS: Admitted Liability
11/17/90: Plaintiff, 37 year-old industrial designer, was
driving in Burbank through the intersection of
Riverside Dr. and Buena Vista St. in Burbank. Charles Diggins
was driving a company car of Walt
Disney Pictures and Television. As Diggins was making a left
turn in the intersection, he hit Plaintiff's
car broadside.
PLAINTIFF CLAIMED that all the injuries were caused by the accident.
DEFENDANT ARGUED that the Plaintiff had a pre-existing shoulder defect not
caused by the accident. The back injury was caused by degenerative disc
disease in combination with his playing ice hockey and other physical
activities. Plaintiff overstated the extent of pain and injuries. A
sub-rosa video tape showed Plaintiff doing more activities than he claimed
he could.
PLAINTIFF TECHNICAL EXPERTS: Kay, Stephen - Orthopedic Surgeon
(treating) - Los Angeles Silver, Daniel - Orthopedic Surgeon (treating) -
Los Angeles Bray, Robert - Neurosurgeon (treating) - Los Angeles
DEFENDANT TECHNICAL EXPERTS:
MacInnis, Douglas - Orthopedic Surgeon - Tarzana
INSURANCE COMPANY: N/A
OFFER: $75,000; raised to $100,000 at trial
DEMAND: $350,000; increased to $700,000 at trial; raised to
$1,000,000 during trial.
TRIAL TIME: 8 1/2 days
JURY TIME: 4 days
Motion for a New Trial or Additur was denied on 7/22/94. JONES vs. WALT DISNEY PRODUCTIONS
Case No. NCC 0249078 Verdictum Juris No. 89-169C
Verdict Date: August 11, 1989
TOPIC: Premises Liability
RESULT: Defense (verdict)
Prior arbitration award $23,000. Pltf. requested trial de novo.
Pltf. awarded $5,868.90 - cost of bill.
INJURY: Fractured left distal fibula; fractured right first metatarsal
phalaneal joint; neurological injury (disputed).
SPECIALS: $5,656 Medical.
STATE: California
AREA: Burbank
JUDGE: Hon. Thomas Murphy - Dept. "B"
PLAINTIFF ATTORNEY: Michael R. Nehenzahl (Fogel, Feldman, Ostrov, Rengler
& Kleven), Los Angeles
DEFENDANT ATTORNEY: Howard S. Secof (Honn & Secof), Los Angeles
POLL: 11-1
TITLE: A Fall On Monumental Stairs
FACTS: On 7/11/83, the Pltf., a 49 year old interior designer, was
attending a meeting at Walt Disney Studios in Burbank. As she was
descending the steps of the Animation Building, which was built in 1939,
she tripped and fell. PLAINTIFF CLAIMED that the "monumental stairs" were
defective in design and provided no handrail. The lack of a handrail plus
the variance in the height of the risers violated the 1937 Building Code.
Disney conduct constituted negligence per se.
DEFENDANT ARGUED that the steps were safe and conformed to the 1937
Building Code. This was the only known injury on the stairs since their
construction in 1939. Pltf.'s injuries healed long ago and she was "over
treated." PLAINTIFF MEDICAL EXPERTS: Hartyown Yousif - Ortho Surgeon -
Canoga Park
PLAINTIFF TECHNICAL EXPERTS:
Eyvind Warberg - Safety Engineer - Creston
DEFENDANT MEDICAL EXPERTS:
Douglas N. MacInnis - Ortho Surgeon - Tarzana
DEFENDANT TECHNICAL EXPERTS:
Alan V. Rizicka - Engineer - Malibu
OFFER: $3,000 - raised to $13,000
DEMAND: $225,000 at M.S.C. - then $50,000(CCP998) lowered to
$45,000
TRIAL TIME: 6 days
JURY TIME: 6 days
JOSEFA MCLEAN & JUAN CARLOS MCLEAN vs. THE WALT DISNEY COMPANY &
DISNEYLAND
Case No. B74241; Tri-Service Reference No.
92-50-16
Verdict Date: November 1992
TOPIC: Premises Liability: Autopia Cars Collide at Disneyland
RESULT: Defense (verdict)
Defense
INJURY: Josefa: Low back injuries. She underwent a bilateral tubal
ligation three days after the accident and tested positive for pregnancy.
She had an ectopic pregnancy with complications that were due to the
accident (denied). Juan: Soft tissue neck and shoulder.
SPECIALS: Medical Costs: Josefa: $4,200, Juan: $500.
STATE: California
AREA: Fullerton
JUDGE: David T. McEachen
PLAINTIFF ATTORNEY: Martin Martinez, Los Angeles - (213) 380-3153
DEFENDANT ATTORNEY: Richard McCain, Santa Ana - (714) 953-4242 POLL: 12-0
FACTS: 2/2/91: Plaintiff, Josefa 37 year-old meat processor and Juan, 3
year-old, were riding the cars at the Autopia attraction at Disneyland
when the cars ahead of them derailed, causing a rearend accident.
PLAINTIFF CLAIMED the pile up resulted when the Defendant failed to
supervise the attraction. The cars derailed due to improper maintenance.
DEFENDANT ARGUED that the accident didn't happen.
PLAINTIFF TECHNICAL EXPERTS:
Lee, Salvacion - General Practice - Los Angeles
Varoosh, Alaverdiou - OB/GYN - Los Angeles
DEFENDANT TECHNICAL EXPERTS:
Venuto, Ralph - Orthopedic Surgeon - Newport Beach
OFFER: Nothing
DEMAND: $35,000
TRIAL TIME: 3 days
JURY TIME: 15 minutes
JOYCE CORY vs WALT DISNEY PRODUCTIONS
Case No. 34-19-00
Verdict Date: November 17, 1982
TOPIC: Amusement Park Injury
RESULT: Defendant (Verdict)
INJURY: Claimed neck injury after seeing Dr Joseph Paoli who diagnosed
basic whiplash. Plf suffers continuing back pain. SPECIALS: $1,700
(approx) total, all MED.
STATE: California
COUNTY: Orange
JUDGE: Lamoreaux
PLAINTIFF ATTORNEY: Alexander M. Sarko
DEFENDANT ATTORNEY: W. Mike McCray Law Offices by John Walker
POLL: 12-0
FACTS: This case first arbitrated w/deft award. Plf (50-unemployed)
requested Trial de Novo. Accident happened 21 Sept 1979 on Big Thunder
Mountain ride at Disneyland. Plf claimed her neck was injured because of
jostling and force of turns; alleged improper design of ride.
Defense: No negligence; no accident.
OFFER: None
DEMAND: None
JUDITH ANN BRANDT, JENNIFER BRANDT, PATRICK JOSEPH
BRANDT AND MICHAEL
JOSEPH BRANDT vs WALT DISNEY PRODUCTIONS
Case No. 353940
Verdict Date: April 21, 1986
TOPIC: WRONGFUL DEATH - DISNEYLAND FAILED TO EXPEDITE CORONARY OCCLUSION
VICTIM TO NEAREST HOSPITAL/EMOTIONAL DISTRESS
RESULT: Defendant (Motion for New Trial - Pltf) (Verdict)
INJURY: Death of a 40-year-old male with three children.
SPECIALS: $136,055 LE to date, $479,005 future LE; $200,000 emotional
distress; $133,480 household services; $1,000,000 general damages.
STATE: California
COUNTY: Orange
JUDGE: Robert Green
PLAINTIFF ATTORNEY: Rose, Klein & Marias Law Offices by Byron Rabin and
Douglas Hatchimonji DEFENDANT ATTORNEY: Richard E. McCain Law Offices by
Richard McCain (Santa Ana) POLL: 9-3 wrongful death; 10-2 emotional
distress
FACTS: Pltfs are widow, daughter and 2 sons of decedent (40-sheet metal
workers' supervisor). Incident arose on 7-26-80 on a visit to Disneyland
by the decedent, his wife and daughter. After a brief walk down Main St,
they went on the canoe boats. After the family finished that ride the
decedent and his family walked toward New Orlean Sq. Decedent felt dizzy
and stopped to sit on a brick planter. He sat quietly for 3 minutes and
told his wife that had he not known better he thought he might have had a
mild heart attack. Several minutes later he began to sweat profusely and
appeared to be having pain. The wife asked the daughter to get a cold
drink while she went to request help from Disneyland. Meanwhile, a
sweeper saw the decedent laying down on the planter and reported to a
security officer that a man was ill. Security called First Aid at 2:03
p.m. A nurse arrived and assessed the man's condition. A second nurse
arrived to the scene with a gurney; decedent placed on gurney and
transported in unmarked Disneyland van to Palm Harbor ER. Decedent
arrived at the hospital at 2:35 p.m. Although he had a normal heart rhythm
on arrival to the hospital, he was in ventricular fibrillation 4 minutes
later. Heart condition on admission was heavily disputed; EKG on arrival
was abnormal. Decedent was pronounced dead 1.02 hours after admission.
Alleged deft failed to summon paramedics who would have rendered advance
cardiac life support at the scene stabilizing the decedent's condition
prior to admission. Further that decedent was not transported to the
closest medical facility. Also alleged a Dillion vs Legg cause of action
for emotional distress. Alleged Disneyland maintained policy not to call
paramedics to park. DEFENSE: No one believed decedent was in severe
distress. Wife had abandoned decedent. Nurse inquired with wife what she
wanted done. Decedent died of a coronary occlusion to the R/artery.
There was no medication to resolve this condition. All actions were
proper in getting decedent to the hospital as soon as possible. Contended
decedent stated did not want to go anywhere w/out his wife.
PLAINTIFF MEDICAL EXPERTS:
Brennan Cassidy, EMG, Costa Mesa
James Shelborne, Cardiol, Newport Beach
John Hall, EMR, Garden Grove
Jack Van Grow, Cardiol, Garden Grove
PLAINTIFF EXPERTS: Robert Helig, Paramedic, Bozman, Montana
Wayne Lancaster, Econ, Fullerton
DEFENDANT MEDICAL EXPERTS: Arthur Selvan, Cardiol, Tustin
DEFENDANT EXPERTS: Charles Kanenbley, Fire Chief/Anaheim Fire
Dept, Anaheim
OFFER: Deft's Atty would recommend $10,000 for settlement.
DEMAND: $1.7 million; pltf's Atty asked Jury for $1.7 million
TRIAL TIME: 21 days approx
JURY TIME: 2 1/2 days
KAREN SALKIN vs WALT DISNEY PRODUCTIONS
Case No. 29-55-12
Verdict Date: November 24, 1982
TOPIC: Amusement Park Trip & Fall
RESULT: Defendant (Verdict)
INJURY: Broken toe nail w/knee, back & shoulder injuries. No
hospitalization. Claimed residual back
problem.
SPECIALS: $1,800 MED; $10,000 LE claimed.
STATE: California
COUNTY: Orange
JUDGE: Flynn
PLAINTIFF ATTORNEY: Dale Motley
DEFENDANT ATTORNEY: W. Mike McCray Law Office by John Walker
POLL: 11-1
FACTS: This case first arbitrated for $6,000 award. Deft filed for Trial
de Novo. On 8 Aug 1977, plf (30-unemployed at time) tripped and fell in a
hole filled w/loose dirt on Tom Sawyer's Island at Disneyland. Plf
alleged negligent maintenance & dangerous condition.
Defense: No negligence. Disputed claim of fall.
PLAINTIFF MEDICAL EXPERTS:
Kenton Horacek, Ortho Surg
DEFENDANT MEDICAL EXPERTS:
None Called
OFFER: None
DEMAND: $12,000 prior to arbitration
KING V. WALT DISNEY WORLD CO.; OTIS ELEVATOR CO.
Case No. CI 89-9058; LRP Publication No. 105892
Trial Date: May 1992
TOPIC: Products Liability - Elevator
RESULT: $ 300,000 (Plaintiff Verdict)
Compensatory: $ 300,000
Plaintiff's Negligence: 5%
INJURY: Lumbar Vertebra Fracture, Lumbar Strain
SPECIALS: Claimed Past Medical Expense: $ 1,000
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
JUDGE: W. Rogers Turner
PLAINTIFF ATTORNEY: R. Barry Morgan, Orlando, FL
DEFENDANT ATTORNEY: Alexander Muszynski, III, Orlando, FL; Craig
L. Brams, Orlando, FL
INCIDENT DATE: 11/85; FILING DATE: 01/89
SUMMARY: A 77-year-old female sustained a traumatic 50 percent compression
fracture of the vertebra at L4, with ongoing lower back pain from the
distortion of normal vertebral support and stress of the lumbar facet
joints, when she fell while entering an elevator at the defendant hotel.
The plaintiff stepped into the elevator which was approximately 18 to 24
inches below the lobby level. The plaintiff contended that the defendant
negligently maintained the premises in an unsafe condition and that the
co-defendant elevator company negligently failed to maintain the elevator.
The defendants admitted that the elevator was malfunctioning, and the
subject elevator was replaced by a new one. The plaintiff was found 5
percent negligent, the defendant was found 25 percent negligent, and the
co-defendant was found 70 percent negligent. The award was reduced
accordingly.
PLAINTIFF EXPERTS:
Elevator Expert: Daigle, Malcolm, Orlando FL
PLAINTIFF PROFILE:
Age: 78
Sex: Female
DEFENDANT PROFILE: (multiple defendants)
Age: n/a; n/a
Sex: Organization; Organization
Race: n/Asian; n/Asian
Occupational Field: n/a; n/a
Occupation: n/a; n/a
Insurance: n/a; n/a
Policy Limit: n/a; n/a
Defendant Type: Multiple Organizations
Organization Type: Services-Amusement and Recreation;
Manufacturing-Industrial and Computer Equipment
LANGLEY vs. WALT DISNEY PRODUCTIONS
Case No. 955 L 214007-2 Verdictum Juris No.
81-94B
Verdict Date: December 2, 1981
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Fractured finger, (aggravation of Systemic Lupus).
SPECIALS: $15,000 Medical - Disputed
STATE: California
AREA: Orange County
JUDGE: Hon. Phillip Cox - Dept. 29
PLAINTIFF ATTORNEY: Jackson, Balowitz and Wolf, Santa Ana
DEFENDANT ATTORNEY: W. Mike McCray, Newport
POLL: 12-0
TITLE: A Fall At The Town Hall
FACTS: On 10/23/76, the Pltf., a 53 year old housewife, was descending the
stairs of the Town Hall restrooms. She stepped on something that caused
her ankle to twist. She then grabbed the handrail, causing her fingers to
spread and fractured her little finger. Pltf. claimed dirt and debris on
the steps from a small child throwing objects from the flower bed. Deft.
denied any negligence; the stairs and the park thoroughly cleaned since
the night time had been reserved for a Navy personnel party and had just
been reopened. Area swept every 10-15 min.
PLAINTIFF MEDICAL EXPERTS:
Dr. Maples - General Surgeon - Ventura County
OFFER: None
DEMAND: $15,000 - Argued to jury for $129,000.
TRIAL TIME: 4
JURY TIME: 20 minutes
LEMONS vs. WALT DISNEY PRODUCTIONS
Case No. 25-76-76 Verdictum Juris No. 81-93B
Verdict Date: February 23, 1981
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Depressed fracture left radial head of the left elbow with
excision and permanent limitation of motion.
SPECIALS: Medical - $4,690.38 with possible future surgery.
STATE: California
AREA: Orange County
JUDGE: Hon. Walter W. Charamza - Dept. 31
PLAINTIFF ATTORNEY: Robert O. Banning, Placentia; Robert N. Whitmore,
Placentia DEFENDANT ATTORNEY: John T. Walker (The Law Offices of W. Mike
McCray), Newport POLL: 12-0
TITLE: "Everybody Off The Autopia Ride!"
FACTS: On 3/13/76, the Pltf., a 42 year old housewife, was on the Autopia
ride in Tomorrowland at Disneyland. She was attempting to get out of her
car. She stood up and put one foot on the metal curb plate and slipped
and fell. Pltf. claimed negligent design because the curb was an unsafe
distance from the car and the slippery meta surface was dangerous. Deft.
denied any negligence and argued that if the Pltf. had simply exercised
ordinary care the accident would never had happened.
PLAINTIFF MEDICAL EXPERTS:
Clarence Woods, Jr. - Treating Ortho - Compton
DEFENDANT MEDICAL EXPERTS:
George S. McCan - Ortho - Newport Beach
OFFER: None
DEMAND: None
TRIAL TIME: 4
JURY TIME: 20 minutes
LEVESQUE vs. WALT DISNEY PRODUCTIONS
Case No. 33 66 68 Verdictum Juris No. 83-237A
Verdict Date: December 7, 1983
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Sprained right ankle, neck and back with multiple
abrasions.
SPECIALS: Medical $1,044 plus future treatment for psoriasis.
STATE: California
AREA: Orange County
JUDGE: Hon. Robert C. Todd - Dept. 29
PLAINTIFF ATTORNEY: David H. Schulman (Launer, Chaffee, Ward, Rothrock &
Schulman), Fullerton
DEFENDANT ATTORNEY: Richard E. McCain (Law Offices of W. Mike
McCray), Newport Beach
POLL: 12-0
TITLE: Upside Down . . . In The Haunted Mansion
FACTS: On 5/16/80, the Pltf. age 42, a housewife, was taking her
handicapped father through Disneyland in a rented wheelchair. At the end
of the ride, her father was placed back in his wheelchair. Pltf. was
instructed to then go onto the ramp which would carry them up and out of
the attraction. Pltf. was told to lock both wheels. The right wheel
failed to lock and tipped over onto the Pltf. PLAINTIFF CLAIMED the ramp
was unsafe for wheelchairs. It moved too fast and was dimly lit.
DEFENDANT ARGUED Pltf. failed to follow instructions. She didn't lock
both wheels. The locks were in proper working order. The ramp safe and
well lighted.
OFFER: $5,000
DEMAND: $25,000
LEVY vs. WALT DISNEY PRODUCTIONS
Case No. 334,097 Verdictum Juris No. 85-89B
Verdict Date: April 10, 1985
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Spiral fracture of left distal fibula
SPECIALS: Medical - $3,000; future medical - $5,000-$10,000;
L.O.E. as a cook - $13,000
STATE: California
AREA: Orange County
JUDGE: Hon. Robert H. Green - Dept. 41
PLAINTIFF ATTORNEY: Barry Silver and David Golde (Jensen, Higer, Golde,
Wagner & Cunial),DEFENDANT ARGUED Pltf. failed to follow instructions.
She didn't lock both wheels. The locks were in proper working order. The
ramp safe and well lighted. Sherman Oaks
DEFENDANT ATTORNEY: Richard E. McCain (McCray, McCain & Walker),
Newport Beach
POLL: 12-0
TITLE: Disneyland And The Three Little Pigs!
FACTS: In March, 1980 the Pltf., age 43, went to Disneyland with her
daughter and a friend. They stopped to have their picture taken with the
"3 Little Pigs". The Pltf. claimed that her friend was pushed and pulled
by "Fifer Pig" and she fell backward. The Pltf. saw her falling. She
tried to catch her before she fell onto a small child. Just then she was
pushed down by "Fifer Pig"
PLAINTIFF CLAIMED negligence of "Fifer Pig" caused her injury. DEFENDANT
ARGUED that "Fiddler Pig" was wiggling his nose and stomach when another
guest started laughing and backed into the Pltf. knocking her down. Deft.
could not anticipate such an accident. No liability. PLAINTIFF MEDICAL
EXPERTS: Patrick Zaccilini - Ortho - Santa Monica
DEFENDANT MEDICAL EXPERTS:
George McCan - Ortho - Newport Beach
OFFER: Nothing
DEMAND: $75,000
LEWIS vs. WALT DISNEY PRODUCTIONS
Case No. 28 82 06 Verdictum Juris No. 83-210C
Verdict Date: November 1, 1983
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Emotional distress, bruises on the throat, black eye.
SPECIALS: Medical - $150.00.
STATE: California
AREA: Orange County
JUDGE: Hon. Lloyd L. Blanpied, Jr. - Dept. 21
PLAINTIFF ATTORNEY: Beatrice Lawson (Laidley & Lawson), Los Angeles
DEFENDANT ATTORNEY: Richard E. McCain (Law Offices of W. Mike McCray),
Newport Beach
POLL: 10-2
TITLE: Shoplifter . . . At Disneyland
FACTS: On 6/19/77, the Pltf. age 24, and unemployed, was stopped by
Security at Disneyland for shoplifting. She was detained for
investigation. She was observed to be under the influence of drugs. She
attempted to swallow a prescribed drug. However, the Deft. was not aware
of the type of drug or quantity so she was restrained hands and feet,
placed on the floor until the police arrived.
PLAINTIFF CLAIMED excessive force was used by Disneyland Security. It was
unreasonable and not justified.
DEFENDANT ARGUED Pltf. was under drug influence. Deft. had to take
measures appropriate to insure Pltf.'s safety. It could have been an
overdose or suicide attempt.
OFFER: None
DEMAND: $15,000
LOESCH vs. WALT DISNEY PRODUCTIONS
Case No. 28-67-73 Verdictum Juris No. 81-108C
Verdict Date: October 21, 1981
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Longitudinal fracture of femur extending into knee joint.
SPECIALS: $5,000 Medical - $2,400 L.O.E.
STATE: California
AREA: Orange County
JUDGE: Hon. John Flynn - Dept. 34
PLAINTIFF ATTORNEY: Gerard E. Sabo (Hunsucker and Sabo), Pasadena
DEFENDANT ATTORNEY: W. Mike McCray, Newport
POLL: 12-0
TITLE: Disneyland . . . Motherhood And Apple Pie
FACTS: On 9/10/77, at 11:00 p.m., the Pltf., a 43 year old Federal
employee tripped and fell as she walked across Main Street just before the
electric parade. She tripped on the curb that could not be seen. Pltf.
claimed poor and inadequate lighting. Deft. argued the area was roped off
and crossovers guarded by employees who had flashlights. Curb could be
seen because of people seated on the curb for 15-30 minutes prior to the
parade.
PLAINTIFF MEDICAL EXPERTS:
Albert R. Morton - Ortho - Pasadena
OFFER: None
DEMAND: $19,000
TRIAL TIME: 3 1/2
JURY TIME: 1 hour
LORANZO CASTILLO v. WALT DISNEY IMAGINEERING
CORP.
Case No. BC 036 265; CRA No. 5013
Verdict Date: January 24, 1994
TOPIC: Premises Liability - Repairman slips and falls on wet
ramp at Disney facility; Male, 61, disk
herniations at L3-5
RESULT: $404,495 (Jury Trial) ($404,495: $291,495 new money to Pltf plus
$113,000 to satisfy WC lien of $113,000. Award consisted of $154,495 in
economic damages and $250,000 in non-economic damages. Deft's Motion for
a New Trial based on Privette v. Superior Court (peculiar risk) was denied
on 3/18/94. A Notice of Appeal has been filed.)
INJURY: Herniated disk at L3-4 and L4-5. This was a permanent injury to
Pltf who is now limited to semi-sedentary work. SPECIALS: $155,000+:
$30,000+ past medical; unknown future medical; $40,000 past L.E.; unknown
future L.E.; $85,000 WC lien.
STATE: California
COUNTY: Los Angeles
COURT: L.A. County Superior Court, Los Angeles
JUDGE: Ernest G. Williams
PLAINTIFF ATTORNEY: Law Offices of Loring M. Myers, By: Loring M. Myers,
Manhattan Beach; Salomone & Rapp, By: Peter R. Salomone, Woodland Hills
for Pltf-In-Intervention DEFENDANT ATTORNEY: Honn & Secof, By: Howard S.
Secof, Los Angeles POLL: 11-1
FACTS: On February 27, 1991 Pltf, a 61-year-old movie screen installer,
was sent by his employer to Deft Disney's facility in Glendale to repair a
film screen. Pltf had to work both indoors and outdoors. Due to heavy
rains, the entrance/exit ramps to the workplace used by Pltf were wet and
slippery. While entering the work area Pltf slipped on the steel ramp and
fell. Pltf underwent conservative treatment from March to April 1991 and
was then released to semi-sedentary work. Surgery was ruled out due to
Pltf's age. PLTF: That the ramp was contaminated with an oily/watery
substance which constituted a dangerous condition, which was the legal
cause of the incident; that the ramp was under the exclusive control of
Deft; that the ramp was not properly maintained; that Deft's employees had
slipped and fallen on the ramp prior to Pltf's fall; that Pltf was just an
employee trying to do his job; that the incident was the direct cause of
the injuries claimed by Pltf. DEFT: Contended that Pltf was negligent
because he failed to use another entrance; that Pltf was comparatively
negligent because he used the ramp knowing it was wet and slippery; that
the steel ramp was not covered by the building code. Deft further
contended that Pltf's medical condition was due to a pre-existing
degenerative disk disease and not related to this alleged incident.
PLAINTIFF MEDICAL EXPERTS: Robert Hunt, M.D., Orthopedist, Torrance
PLAINTIFF EXPERTS: Charles E. Turnbow, Safety Engineer, Apple Valley
DEFENDANT MEDICAL EXPERTS:
Douglas N. McInnis, M.D., Orthopedist, Tarzana
DEFENDANT EXPERTS:
John K. Tyson, Safety Engineer, Glendale
OFFER: $100,000; Deft's attorney asked the jury for $25,000.
DEMAND: $500,000 reduced to $300,000-$400,000 at MSC and at
trial.
TRIAL TIME: 8 days
JURY TIME: 2 days
NOTE: Pltf Counsel Myers notes that Deft's medical expert was not in
active practice and that Deft's technical expert admitted the ramp was wet
and slippery with a reduced coefficient of friction.
LORANZO CASTILLO vs. WALT DISNEY IMAGINEERING
Case No. BC036 365; Tri-Service Reference No.
94-10-02
Verdict Date: January 24, 1994
TOPIC: Slip & Fall: Wet Steel Ramp
RESULT: $404,495 (verdict) $404,495 total; $43,000 loss of earnings,
$250,000 pain and suffering, $111,495 workers' comp lien plus $4,866.41 in
Plaintiff's costs and $1,573 in intervenor's costs.
INJURY: Herniated Disc L3/4, L4/5. Treatment: Age precluded surgery
Residuals: Constant pain, walks with cane, limited simi-sedentary work.
SPECIALS: Medical Costs: Approximately $30,000. Loss of Earnings: $43,000
in excess of W.C. benefits.
STATE: California
AREA: L.A. Central
JUDGE: Ernest G. Williams
PLAINTIFF ATTORNEY: Loring M. Meyers (Moore & Myers), Manhattan Beach -
(310) 545-6647 DEFENDANT ATTORNEY: Howard S. Secof (Honn & Secof), Los
Angeles - (213) 629-3900 INTERVENOR ATTORNEY:Peter P. Salomone (Salomone &
Rapp), Woodland Hills - (818) 999-1103
POLL: 11-1
FACTS: 2/27/91: Plaintiff, 62 year-old film screen constructor, was
employed by Stewart Filmscreen. He installed a film screen at Walt Disney
Imagineering ("WDI") in Glendale, CA. The screen was installed inside a
portable balloon-like theater mounted on a truck bed. Plaintiff was
dispatched to WDI to effect repairs to the screen. Plaintiff entered the
theater by using a steel ramp. It was raining and the ramp was wet.
While going down the ramp, the Plaintiff slipped and fell. He finished
the work day, but was unable to work the next day. He received workers'
compensation benefits and was not declared permanent and stationary until
May 1992. The workers' compensation carrier stipulated to a 69% permanent
disability rating based on a semi-sedentary work limitation. Plaintiff has
returned to work in a supervisory position. PLAINTIFF CLAIMED that the
Uniform Building Code applied to the balloon structure and the ramp
constituted a hazard since it was too steep, the handrails too high and
did not have a non-skid surface. On the date of loss, Plaintiff notified
Defendant's employees about his fall. One employee admitted that he had
slipped on the ramp on a prior occasion. DEFENDANT ARGUED the Uniform
Building Code was not applicable as the truck was licensed by the DMV.
There had been no prior slip and falls as Defendant's employee slipped on
a date after February 27, 1991. Plaintiff's employer was negligent in
failing to inspect the work area for hazards. Plaintiff suffered from
degenerative disc disease which was the major cause of his condition.
Defendant argued the issue of the application of the Uniform Building Code
was for the trial court. During cross-examination of witness John Tyson,
it was discovered he had been given a copy of an application made by
Defendant to the City of Glendale for a zoning ordinance waiver in which
it described the theater as a "modular office building." The jury found
the Uniform Building Code was applicable and that the ramp violated its
provisions.
PLAINTIFF TECHNICAL EXPERTS:
Hunt, Robert W. - Orthopedic Surgeon - Torrance
Turnbow, Charles E. - Engineer - Apple Valley
DEFENDANT TECHNICAL EXPERTS:
MacInnis, Douglas - Orthopedic Surgeon (Retired) - Tarzana
Tyson, John - Engineer - Glendale
OFFER: $100,000
DEMAND: $150,000
TRIAL TIME: 8 days
JURY TIME: 2 days
LYND KING & PETER KING vs. WALT DISNEY WORLD CO. and
OTIS ELEVATOR CO.
Docket No. CI 89-9058; FJVR Reference No.
92:6-71
Publication Date: June 1992
TOPIC: Amusement Park Accident - Elevator/Escalator Accident -
Falldown - Elevator Accident -
Theme Park - Unlevel Floor
RESULT: $ 300,000 for Plaintiff Lynd King (verdict)
Plaintiff's Negligence: 5%; Defendant Disney's Negligence: 25%;
Defendant Otis' Negligence: 70%
JUDGMENT: Entry of judgment is pending.
STATE: Florida
COUNTY: Orange
JUDGE: W. Rogers Turner
PLAINTIFF PROFILE: Age: 77
Occupation: Retired
PLAINTIFF ATTORNEY: R. Barry Morgan of Lawrence, Landis & Morgan, Orlando
DEFENDANT ATTORNEY: Alexander Muszynski, III and Craig L. Brams of
Eubanks, Hilyard, et al., Orlando
CAUSE OF INJURY: On November 24, 1985, Plaintiff Lynd King was waiting for
an elevator in the lobby of the Polynesian Resort at Defendant Disney's
theme park. When elevator number 2 arrived in the lobby, Plaintiff stepped
in. As she did so, she fell into the elevator because the elevator was
approximately 3 feet below the lobby level. Defendant Otis serviced and
maintained the elevators pursuant to a maintenance contract with Defendant
Disney. Plaintiffs contended Defendant Otis was negligent in its
maintenance of the elevator and Defendant Disney was negligent in its
failure to maintain its premises in a safe condition. Defendants conceded
that they would not contend that the elevator was not malfunctioning. The
subject elevator, a Haughton Hydraulic elevator, was subsequently replaced
with a new elevator manufactured by Otis. NATURE OF INJURY: Traumatic 50%
compression fracture of L4, secondary to fall, with ongoing low back pain
from the distortion of normal vertebral support and stress of lumbar facet
joints.
DEFENDANT EXPERT WITNESSES:
Malcolm Daigle, Elevators, Orlando
PLAINTIFF'S ATTORNEY'S COMMENTS: Defendants will probably file
an appeal. MACHERDCHIAN v. WALT DISNEY PRODUCTIONS
Case No. A 41797 Verdictum Juris No. 83-225A
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Fracture of right hand.
SPECIALS: Medical - $550.
STATE: California
AREA: Orange County
JUDGE: Hon. Robert Schatz - Dept. 11
PLAINTIFF ATTORNEY: Jerold L. Bloom Sherman Oaks
DEFENDANT ATTORNEY: Richard E. McCain (Law Offices of W. Mike
McCray), Newport Beach
POLL: 12-0
TITLE: Granomother On King Arthur's Carousel
FACTS: On 3/23/80 the Pltf., a 55 year old housewife, had just placed her
grandchildren on the King Arthur's Carousel at Disneyland. She then
stepped off the moving Carousel. She fell and fractured her right hand.
PLAINTIFF CLAIMED she did not have sufficient notice to get off the
merry-go-round before it started moving.
DEFENDANT ARGUED that an attendant invited her to stay on the ride if she
so desired. The warning bell was rung in plenty of time to get off before
the carousel started moving.
OFFER: None
DEMAND: $5,000
TRIAL TIME: 2
JURY TIME: 1 hour
MAE and ARTHUR HOMIER, Plaintiffs, by THEODORE A.
ANDERSON
vs. THE WALT DISNEY COMPANY, Defendant, by RICHARD E. McCAIN
Case No. 50-53-62
Verdict Date: 8/18/88
TOPIC: SLIP AND FALL
RESULT: Defendant (VERDICT)
STATE: California
AREA: Orange County
JUDGE: Luesebrink
JURY POLL: 12/0
SUMMARY: 11-85. Pltf., 63 year old woman, on vacation with her husband,
journeyed from State of Washington to Disneyland. While walking down Main
Street, pltf. wife lost hold of her husband, her feet struck a curb and
she fell on left side. Pltf. claimed crowd was unrestrained and prevented
her from seeing the curb. DEFENSE: No negligence, claimed there was a
light crowd in attendance and pltf. should have seen the curb. Claimed
sole cause of accident was pltf's. own negligence.
INJURY: Fractured femur. Partial hip replacement and possible two future
surgeries. MED: $18,000, PLUS APPROXIMATELY $36,000 FUTURE. Husband sued
for loss of consortium.
PLAINTIFF MEDICAL EXPERTS: Patrick Zaccalini, Ortho. Surgeon
(L.A.) and Marvin Rofsky,
Psychologist (L.A.)
DEFENSE EXPERTS: None
TRIAL TIME: 2 Days
DELIBERATION TIME: 20 Minutes
OFFER: None
DEMAND: $200,000
MALAK SAWIRES, BY AND THROUGH HIS GUARDIAN AD LITEM,
ADEL
SAWIRES vs. THE WALT DISNEY COMPANY
Case No. 686070; Tri-Service Reference No.
93-28-23
Verdict Date: June 17, 1993
TOPIC: Pedestrian vs. Miniature Car: Disneyland
RESULT: Defense (verdict)
Defense
INJURY: Fractured right tibia, emotional distress to family; Residuals:
Loss of mobility and strength of right foot
SPECIALS: Medical Costs: $4,300
STATE: California
AREA: Fullerton
JUDGE: James Ross
PLAINTIFF ATTORNEY: Nicholas Nassie & Sam Kanugres, Los Angeles - (213)
736-1899 DEFENDANT ATTORNEY: Richard McCain (McCain & Ragsdale), Santa Ana
- (714) 731-2510
POLL: 12-0
FACTS: 4/10/91: Plaintiff, 10 years old, was visiting the USA and
Disneyland for the first time. Plaintiff stepped from the sidewalk into
the path of a miniature car.
PLAINTIFF CLAIMED Defendant should have some kind of barrier between the
sidewalk and the street.
DEFENDANT ARGUED neither Plaintiff nor his adult family and
friends were paying attention.
PLAINTIFF TECHNICAL EXPERTS:
Legome,Milton - Orthopedic Surgeon - Orange
DEFENDANT TECHNICAL EXPERTS:
None Called
OFFER: None
DEMAND: $50,000
TRIAL TIME: 3 1/2 days
JURY TIME: 45 minutes
MALAK SAWIRES vs. THE WALT DISNEY COMPANY
Case No. 68 60 70; Tri-Service Reference No.
93-46-34
Verdict Date: June 18, 1993
TOPIC: Premises Liability: Hit by Autopia Car in Disneyland
RESULT: Defense (verdict)
Defense
INJURY: Spiral leg fracture. Treatment: A short cast
SPECIALS: Medical Costs: $20,000
STATE: California
AREA: Fullerton
JUDGE: James R. Ross
PLAINTIFF ATTORNEY: Nicholas S. Nassif, Los Angeles - (213) 736-1899
DEFENDANT ATTORNEY: Richard E. McCain (McCain & Ragsdale), Tustin - (714)
731-2510
POLL: 12-0
FACTS: 4/10/91: Plaintiff, 10 year-old Egyptian male student, was
travelling with his family from Australia. He fell at the Autopia ride in
Disneyland and was run-over by an Autopia car.
PLAINTIFF CLAIMED there was inadequate supervision by Disneyland. There
was a need for guardrails to prevent children from entering the ride area.
DEFENDANT ARGUED the parents failed to supervise the child. The boy was
spinning/dancing and not paying attention.
PLAINTIFF TECHNICAL EXPERTS:
Legome, Milton - Orthopedic Surgeon - Orange
DEFENDANT TECHNICAL EXPERTS:
None
INSURANCE COMPANY: Self-Insured
OFFER: None
DEMAND: $20,000
TRIAL TIME: 3 days
JURY TIME: 1 hour
MARIAN C. HESS & WILLIAM HESS, her husband vs. WALT
DISNEYWORLD CO.
Docket No. CI 92-5566; FJVR Reference No.
93:7-66
Verdict Date: May 19, 1993; Publication Date: July
1993
TOPIC: Amusement Park Accident - Falldown - Trip - Theme Park
RESULT: $ 189,900 for Plaintiffs (verdict)
(Marian: $ 28,900 - past medical expenses; $ 100,000 - past pain and
suffering; $ 36,000 - future pain and suffering; William: $ 25,000 - past
loss of consortium).
Plaintiff Marian Hess' Negligence: 75%; Defendant's Negligence:
25%
JUDGMENT: $ 47,475 for Plaintiffs.
STATE: Florida
COUNTY: Orange
JUDGE: Jay P. Cohen
PLAINTIFF PROFILE: Age: 69
Occupation: Homemaker
PLAINTIFF ATTORNEY: Edmund A. Normand and Orman L. Kimbrough, Jr. of
Wooten, Honeywell & Kest, Orlando
DEFENDANT ATTORNEY: James E. Glatt, Jr. of DeWolf, Ward, et al., Orlando
CAUSE OF INJURY: On April 22, 1989, Plaintiffs were visiting EPCOT Center,
one of Defendant's theme parks in Orlando. Plaintiffs were in the
"pre-show area" or waiting area of the Harvest Theater which is located in
"The Land" pavilion. After standing in the waiting area for approximately
three or four minutes, Plaintiff William Hess noticed a bench to their
right and somewhat behind them, and suggested that they sit down on the
bench. As Plaintiff Marion Hess turned to walk toward the bench, she fell
over a free-standing podium that was located between her and the bench.
Plaintiffs contended that Defendant was negligent in placing the podium in
the flow of guest traffic. Plaintiffs also contended that the podium's
dark color caused it to blend into the surrounding area, and that the
corner where the podium was located was minimally lighted, making it
difficult to discriminate objects in the area. Defendant contended that
the location of the podium was open and obvious and that Plaintiff Marion
Hess failed to use due care for her own safety.
NATURE OF INJURY: Torn rotator cuff of shoulder requiring surgery which
was unsuccessful, resulting in problems with mobility. Plaintiff also
contended that she suffered an injury to her knee which caused her to
require a knee replacement. Defendant contended that the need for a knee
replacement was caused by Plaintiff's long-standing arthritic problems.
Plaintiff's physician testified that the fall caused an aggravation of
Plaintiff's knee problem, and that she would probably have required a knee
replacement anyway. PLAINTIFF EXPERT WITNESSES: Gerald Martin Seligman,
M.D., Orthopedic Surgery, Seattle, WA (depo) Robert S. Kennedy, Ph.D.,
Human Factors, Orlando
EDITOR'S NOTE: Post trial motions are pending.
PLAINTIFF'S ATTORNEY'S COMMENTS: Edmund Normand: The podium, which was
four feet tall, was brought into the jury room, which may have accounted
for the finding of 75% negligence on the part of Plaintiff. Defendant's
oral offer was $ 15,000. There were no written offers pursuant to the
statutes.
MARY TRASK vs. DISNEYLAND
Case No. 65 87 94; Tri-Service Reference No.
93-25-31
TOPIC: Slip & Fall: Wood Floor at Disneyland
RESULT: Defense (verdict)
Defense
Arbitration: $18,500; Trial de Novo by Defense.
INJURY: Severe sprain to right ankle.
SPECIALS: Medical Costs: $8,927
STATE: California
AREA: Orange
JUDGE: Richard W. Luesebrink
PLAINTIFF ATTORNEY: Scott Landis (Mason & Landis), Long Beach -
(310) 434-9968
DEFENDANT ATTORNEY: Richard McCain Santa Ana - (714) 731-2510
POLL: 12-0
FACTS: 12/21/90: Plaintiff, 40 year-old medical assistant, was at
Disneyland for an office Christmas party. Plaintiff and her friend went
to Fantasyland restaurant where Plaintiff slipped and fell to the floor.
PLAINTIFF CLAIMED tile on wood floor was too slick. Although Plaintiff
admitted there was no liquid or debris on the floor, the floor was,
nevertheless, too slippery.
DEFENDANT ARGUED Plaintiff was wearing high heels and slipped due to no
fault on Defendant's part.
PLAINTIFF TECHNICAL EXPERTS:
Carr, Edward C. - Orthopedic Surgeon - Orange
DEFENDANT TECHNICAL EXPERTS:
Papini, Richard - Engineer - Huntington Beach
OFFER: None
DEMAND: $50,000
TRIAL TIME: 2 1/2 days
JURY TIME: 2 hours
MELNI BUS SERVICE AND RALPH STEELMAN vs. THE WALT
DISNEY COMPANY
Case No. 471994; Tri-Service Reference No.
93-07-13
Verdict Date: January 26, 1993
TOPIC: Premises Liability: Defective Design of Parking Lot
RESULT: Defense (verdict)
SPECIALS: Damages: Cross-Complainants paid a $1,500,000
settlement to Plaintiffs in 10/89.
STATE: California
AREA: Santa Ana
JUDGE: Byron McMillan
CROSS COMPLAINANT ATTORNEY: Mark P. Robinson & Marcia Alessi
(Law Offices of Mark P.
Robinson), Los Angeles - (213) 237-0721
CROSS DEFENDANT ATTORNEY: Stephen T. Waimey & Mercedes Cruz
(Leboeuf, Lamb, Leiby &
Macrae), Los Angeles - (213) 955-7300
POLL: 9-3 on negligence; post-trial interviews of jurors
indicated 12-0 on causation
FACTS: 9/14/85: Decedent, 7 year-old girl, was struck and killed at
Disneyland by a Melni bus driven by Defendant Steelman. Decedent was in
the care of her uncle, heading toward their vehicle and crossing one of
the main parking lot thoroughfares which leads to the main entrance. They
were about 15 feet apart. The Melni bus drove through a stop sign at an
intersection and made a wide right turn. As the front of the bus was
completing its turn, decedent was knocked down by an impact with the right
front side of the bus, and then run over by the bus' inward-tracking rear
tires.
CROSS-COMPLAINANTS CLAIMED the parking lot was not actually part of
Disneyland. Their allegations related to the routing of buses into the
parking lot, use of orange traffic cones, radius of the curve, tram
operations, pedestrian "waiting areas," pedestrian walkways, painted vs.
upright stop signs, barricades, positioning of parking lot employees,
information provided to guests, speed limits, and the size of the parking
lot crew at the time of the accident. CROSS-DEFENDANT ARGUED the parking
lot was being operated in its standard safe and efficient fashion, and
that the Melni bus behaved in a completely normal manner as it entered and
drove to the location of the accident. Those factors, combined with the
uniqueness of this pedestrian-vehicle accident in the history of the
parking lot, established that Disney had no notice of any danger or
dangerous condition. Cross-Complainant's case was also lacking in any
proof of causation between Disney's alleged negligence and the accident.
PLAINTIFF TECHNICAL EXPERTS: Hight, Phillip - Accident Reconstruction -
Newhall Volmer, Rubin - Accident Reconstruction - Long Beach Muse, John -
Parking Lot Design - Cypress Davidson, Ronald - Psychiatrist - Beverly
Hills Clark, Warren - Police Procedures - Long Beach DEFENDANT TECHNICAL
EXPERTS: Edgett, Robert N. - Accident Reconstruction/Busses - Phoenix, AZ
Pringle, Weston - Parking Lot Design - Fullerton
OFFER: $170,000 CCP 998
DEMAND: $500,000 reduced to $325,000 CCP 998
TRIAL TIME: 4 weeks
JURY TIME: 3 days Insurance Co.: None
EDITOR'S NOTE: In their deliberations on the first special verdict
question regarding negligence, the jury decided to review the entire
operation of the parking lot before addressing causation. The death case
was settled for $1,500,000, then the Defendants cross-complained against
the Walt Disney Company. Disney received a summary judgment against Melni
and Steelman in 1988 on the issue of causation. While the summary
judgment was on appeal, the family's lawsuit against Melni and Steelman
went to trial and settled for $1,500,000 as jury selection commenced.
Thereafter, the Court of Appeal reversed the summary judgment, holding
that a jury could find an issue as to causation even if no expert opinions
or other evidence has been presented by Melni.
MICHELE LEE JOHNSON vs. WALT DISNEY WORLD CO.
Docket No. CI 88-7786; FJVR Reference No.
90:3-56
Publication Date: March 1990
TOPIC: Amusement Park Accident - Falldown - Trip - Amusement
Park Parking Lot
RESULT: $ 6,050 for Plaintiff (medical expenses and lost
earnings) (verdict)
STATE: Florida
COUNTY: Orange
JUDGE: Cecil H. Brown
PLAINTIFF PROFILE: Age: 25
Occupation: Secretary
PLAINTIFF ATTORNEY: Ted Crespi, Hollywood
DEFENDANT ATTORNEY: John H. Ward of DeWolf, Ward & Morris, P.A., Orlando
CAUSE OF INJURY: On March 31, 1985, Plaintiff was walking to a tour bus,
which was parked in an unpaved parking area, on Defendant Walt Disney
World's premises. Plaintiff tripped and fell on loose gravel and other
debris which had accumulated in that area.
NATURE OF INJURY: Ankle injuries.
DEFENDANT EXPERT WITNESSES:
Thomas Brodrick, M.D., Orthopedics, Orlando
MILDRED BATES vs WALT DISNEY PRODUCTIONS
Case No. 414876
Verdict Date: July 19, 1985
TOPIC: PREMISES/LIABILITY (Disneyland Stairway
Misleading/Trimalleolar Fracture)
RESULT: Defendant (Verdict)
INJURY: Claimed trimalleolar fracture of L/ankle w/open
reduction surgery implementing screws and
plate.
SPECIALS: $9,064.45 MED.
STATE: California
COUNTY: Orange
JUDGE: Robert H. Green
PLAINTIFF ATTORNEY: Eric P. Lampel Law Offices by Richard A.
Jones (Santa Ana)
DEFENDANT ATTORNEY: Richard E. McCain Law Offices (Newport
Beach)
POLL: 10-2
FACTS: On 12-19-82 at approx 8:50 p.m., pltf (53-homemaker) was injured
while attending Disneyland with 4 other members of her party. Alleged as
she descended 12 steps to the landing platform of the Small World
attraction, using the handrail for assistance, she failed to step down
from last step, believing she was on the platform. Pltf landed hard on
L/foot. Alleged Disneyland negligently designed stairway by stopping
handrail on last step, creating illusion of being on platform.
DEFENSE: No negligent design of handrail. Contended area was well lit;
steps had nonskid coating (blue) with yellow caution line on last step.
Pltf was inattentive.
PLAINTIFF MEDICAL EXPERTS:
Milton Legome, Ortho Surg, Orange
DEFENDANT MEDICAL EXPERTS:
None called
OFFER: Waiver of costs for dismissal
DEMAND: $93,250 in closing argument to Jury by pltf's Atty.
$30,000 at MSC increased during Trial
TRIAL TIME: 4 1/2 days
JURY TIME: 1/2 hr
PRESENTED IN CRA 1985 No. 16 Pg 16
MILL vs. WALT DISNEY PRODUCTIONS
Case No. 30-25-47 Verdictum Juris No. 83-224A
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Fracture of the navecular bone in the right ankle.
SPECIALS: $400 Medical
STATE: California
AREA: Orange County
JUDGE: Hon. Mark P. Robinson - Dept. 32
PLAINTIFF ATTORNEY: William Anthony Perez, Torrance
DEFENDANT ATTORNEY: Richard E. McCain (W. Mike McCray Office),
Newport Beach
POLL: 11-1
TITLE: ... After The Dumbo Ride!
FACTS: In January, 1978, the Pltf., age 28, was watching her daughter ride
"Dumbo". She was standing in front of the iron exit gates waiting for her
daughter to leave the ride. The gates swung outward and hit her.
PLAINTIFF CLAIMED the gates had no warning signs that they would swing
out, no markings on the pavement and no warning by any employees of
Disneyland. DEFENDANTS ARGUED the Plaintiff was standing directly in
front of the gate which had an exit sign warning.
OFFER: None
DEMAND: $15,000
MIRIAM ORAN, Plaintiff, by CHARLES J. FLEISHMAN
vs. WALT DISNEY
PRODUCTIONS, FRED STRETCH, Defendants, by HOWARD S. SECOF (Honn
& Secof)
Case No. C-403,216
Verdict Date: 3/16/87
TOPIC: AUTOMOBILE VS. AUTOMOBILE
RESULT: $65,000 Gross (VERDICT)
STATE: California
AREA: L.A. Central
JUDGE: Early
JURY POLL: 9/3
SUMMARY: 2-82. Pltf., 34 year old woman driving eastbound in left turn
pocket at 15 MPH when collided with deft. who came out of an alley and
attempted to get into left turn pocket. Conflict who hit whom. Pltf.
claimed deft. inattentive. DEFENSE: No negligence, claimed pltf. traveling
at excessive speed and entered left turn pocket by going over yellow line.
Disputed nature and extent of injury. PLAINTIFF FOUND 15% NEGLIGENT.
INJURY: Left shoulder injury with permanent biceps tendon complaints.
Soft tissue injuries. Claims total disability. MED: $40,000 TO DATE.
CLAIMED $411,000 L/E.
PLAINTIFF MEDICAL EXPERTS: Michael Roback, Ortho (L.A.)
PLAINTIFF EXPERTS: John Brown, Recon (L.A.)
DEFENDANT MEDICAL EXPERTS: Douglas MacInnis, Ortho (Tarzana)
DEFENSE EXPERTS: Raymond Hughes, Recon (Long Beach) and Carley
Ward, Bio-Mech. Engr.
(Pacific Palisades)
TRIAL TIME: 8 Days
DELIBERATION TIME: 1 1/2 Days
OFFER: None
DEMAND: None
MIRIAM ORAN vs (1) WALT DISNEY PRODUCTIONS AND (2)
FRED STRETCH
Case No. C403216
Verdict Date: March 16, 1987
TOPIC: VEHICLES - AUTO / AUTO / IMPACTED WHILE MAKING LEFT TURN / LEFT
SHOULDER INJURY
RESULT: $55,250 Net ($65,000 Gross reduced by 15% for pltf's
negligence) (Verdict)
INJURY: Claimed injury to L/shoulder.
SPECIALS: $39,000 MED to date.
STATE: California
COUNTY: Los Angeles
JUDGE: Alexander R. Early, III
PLAINTIFF ATTORNEY: Charles J. Fleishman (LA)
DEFENDANT ATTORNEY: Honn & Secof by Howard S. Secof (LA)
POLL: 9-3
FACTS: Case first arbitrated for $14,000. Deft filed for Trial de novo.
Accident happened on 2-10-82 when pltf's (34-Bookkeeper) vehicle was
impacted by deft #1's vehicle, driven by deft #2, while in course and
scope for deft #1. Pltf was traveling in the center turn lane attempting
to make a L/turn. Deft #2 pulled out into turn lane. Alleged deft
negligent and inattentive. DEFENSE: Contended no negligence; pltf's
vehicle impacted deft's vehicle. Disputed mature and extent of injuries.
Further contended pltf was treated for pre-existing problem not related to
this incident. Moreover, all of the damages to pltf's vehicle did not
occur in the subject accident.
PLAINTIFF MEDICAL EXPERTS:
Michael Roback, Ortho Surg, LA.
PLAINTIFF EXPERTS:
John Fiske Brown, Engr, San Diego.
DEFENDANT MEDICAL EXPERTS:
Douglas N. MacInnis, Ortho Surg, Encino.
DEFENDANT EXPERTS:
Carley Ward, Biomechanic, Pacific Palasades
Raymond Hughes, Vollmer Grey/Engr/Acci Recon, Long Beach.
OFFER: $50,000 before Trial.
DEMAND: $10,000 five years prior to Trial and before MEDS
accumulated.
TRIAL TIME: 10 days
JURY TIME: 2 days
PRESENTED IN CRA 1987 No. 13 Pg 11
MISKULIN vs WALT DISNEY PRODUCTIONS
Case No. 35-96-63
Arbitration Date: March 2, 1984
TOPIC: AMUSEMENT PARK FALL - RIDE CAR REARENDED AS PLT
EXITING/BROKEN
TEETH/BACK STRAIN & SPRAIN
RESULT: $10,900 (Arbitration)
INJURY: Five broken teeth and claimed back strain and sprain.
SPECIALS: $2,000 (approx) total, all MED.
STATE: California
COUNTY: Orange
JUDGE: Barrett
PLAINTIFF ATTORNEY: Rauth, Chihak & Stine by Cynthia R. Chihak DEFENDANT
ATTORNEY: W. Mike McCray Law Offices by Richard E. McCain FACTS: As plf
was exiting her Autopia car, it was rearended by the unknown driver behind
her. Plf fell and hit her mouth and injured her back. Plf alleged
insufficient precautions to prevent injury.
DEFENSE: No negligence. Disputed extent of damages.
PLAINTIFF MEDICAL EXPERTS:
Leonard Russo, DDS
Edward Boseker, Ortho, Santa Ana
DEFENDANT MEDICAL EXPERTS:
George McCan, Ortho, Newport Beach
OFFER: $7,500
DEMAND: $13,000
MURILLO vs. WALT DISNEY PRODUCTIONS
Case No. 36-02-52 Verdictum Juris No. 83-108B
Verdict Date: May 27, 1983
TOPIC: Premises Liability
RESULT: $25,000 (verdict)
Deft.'s motion for new trial granted 7/20/83.
INJURY: Broken hip with four pins.
SPECIALS: $5,000 medical
STATE: California
AREA: Orange County
JUDGE: Hon. Mark Robinson - Dept. 32
PLAINTIFF ATTORNEY: Milliken & Stanley, Beverly Hills
DEFENDANT ATTORNEY: W. Mike Mc Cray, Newport Beach
POLL: 10-2
TITLE: A Weird Jury Verdict
FACTS: On 5/2/81 the Pltf., 79 years of age, was trying to board the
moving belt at the Haunted Mansion ride entrance. She fell and fractured
her hip. PLAINTIFF CLAIMED a female operator failed to follow standard
operating procedure and assist the Pltf. onto the moving belt. In
addition to being blind in one eye she stated she understood no English
and did not understand any of the warnings recorded on tape or given by
the female attendant. She is from Ecuador but has lived in the U.S. for
12 years.
DEFENDANT ARGUED no liability. Pltf. was ignored by her own family. She
could not be seen by the operator.
OFFER: $15,000 during trial
DEMAND: Not firm
TRIAL TIME: 4
JURY TIME: 5 hours
EDITOR'S NOTE: The Jury found in favor of the Deft., then wrote in on the
typewritten form, "However, we find that Disneyland has some
responsibility and therefore award Plaintiff $25,000." The court required
the Jury to go out, fill out the plaintiff's form saying they found
against Disneyland and in favor of the Plaintiff and awarded her $25,000.
NOLAN V WALT DISNEY WORLD CO
Case No. CI-87-7668; LRP Publication No. 52771
Trial Date: January 1989
TOPIC: Premises Liability - Accident At Amusement Park
RESULT: Defense Verdict
INJURY: Disc Damage
STATE: Florida (FL)
COUNTY: Orange
PLAINTIFF ATTORNEY: Buschbom & Panter, by Ronald Buschbom,
Miami, FL.
DEFENDANT ATTORNEY: Robert E. Bonner and Sutton G. Hilyard,
Orlando, FL.
INCIDENT DATE: 04/84
SUMMARY: A 46-year-old female housewife suffered a herniated disc at L5-S1
after she struck her toe on a boulder and fell. The plaintiff contended
that the defendant failed to maintain the plaza in a reasonably safe
condition. The plaintiff further contended that the defendant failed to
warn her of the dangerous condition created by the boulder.
PLAINTIFF MEDICAL EXPERTS:
Orthopedic Surgery: Figelman, Leonard, M.D., Port Jefferson NY
Orthopedic Surgery: Consoli,
Joseph, M.D., Port Jefferson NY Obstetrics/Gynecology: Bruhn,
Donald, M.D., Port Jefferson NY
PLAINTIFF EXPERTS:
Safety Expert: Dale, Ronald, Orlando FL
OLIVE SOULANT AND WILLIAM SOULANT, HER HUSBAND vs. WALT DISNEY
WORLD
COMPANY
Docket No. CI-85-9711; FJVR Reference No.
88:6-38
Publication Date: June 1988
TOPIC: Amusement Park Accident - Falldown
RESULT: $ 190,000 for Plaintiff Olive Soulant; $ 10,000 for
Plaintiff William Soulant (verdict)
Plaintiff's Negligence: 50%
Defendant's Negligence: 50%
JUDGMENT: $ 95,000 for Plaintiff Olive Soulant; $ 5,000 for
Plaintiff William Soulant.
STATE: Florida
COUNTY: Orange
JUDGE: Emerson R. Thompson
PLAINTIFF PROFILE: Age: 53
Occupation: Shrimping Business
PLAINTIFF ATTORNEY: Corey R. Stutin and John Cummings of
Steinberg & Stutin, P.A., Orlando
DEFENDANT ATTORNEY: John H. Ward of DeWolf, Ward & Morris, P.A., Orlando
CAUSE OF INJURY: Plaintiff Olive Soulant was at the amusement park at Walt
Disney World as a business invitee. The Soulants were on the ramp walk-way
leading from the parkway ride, Space Mountain, when Olive slipped and fell
on the wet ramp. Plaintiffs alleged negligence for failing to provide a
safe area by allowing water and dirt to accumulate during and after the
rainfall of that day.
Defendant contended that Plaintiff was negligent in the use of
the provided handrails.
NATURE OF INJURY: Muscle and ligament sprains along with fracture of L2
vertebra with pain extending from back into the right inguinal area
(deposition of Dr. Llewellen).
PLAINTIFF EXPERT WITNESSES:
Raeburn Llewellen, M.D., Orthopedic Surgery, New Orleans, LA Wm.
Bradburn, M.D., Family
Practice, New Orleans, LA
George R. Cary, Orthopedic Surgery, New Orleans, LA
EDITOR'S NOTE: Defendant moved for new trial and to alter or
amend final judgment; the motion
was denied.
OLIVER vs. DISNEYLAND
Case No. 34 47 10 Verdictum Juris No. 84-180B
Verdict Date: September 11, 1984
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Trimalleolar fracture of right leg/ankle; future surgery to remove
screws and possible ankle fusion.
SPECIALS: Medical (U.C.I.) - $4,352; Dr. Dannis - $1,776; Future
Medical & medication - $12,400
STATE: California
AREA: Orange County
JUDGE: Hon. Henry Smith - Dept. 36
PLAINTIFF ATTORNEY: Jeffrey Smith (Johnson, Highman & Johnson),
Newport Beach
DEFENDANT ATTORNEY: Richard E. McCain (McGray, McCain & Walker),
Newport Beach
POLL: 12-0
TITLE: Skipping At Disneyland
FACTS: On 11/12/70, the Pltf., age 22, was at Disneyland. It was a warm
sunny day. The Pltf. was wearing thick rubber thongs as she walked toward
the Haunted Mansion. She slipped and fell.
PLAINTIFF CLAIMED the sidewalk was wet and slippery and created
a dangerous condition.
DEFENDANT ARGUED no liability. Pltf. admitted after her fall that she was
skipping when she fell. There was no proof submitted to verify that water
or debris was present at the scene of the accident
PLAINTIFF MEDICAL EXPERTS:
Harvey Dannis - Orthopedic Surgeon - Orange County
DEFENDANT MEDICAL EXPERTS:
George McCan - Orthopedic Surgeon - Orange County
OFFER: -0-
DEMAND: $75,000
TRIAL TIME: 4 days
JURY TIME: 2 hours
OVELLA LAMB vs DISNEYLAND
Case No. CV80-5493
Verdict Date: February 15, 1983
TOPIC: Trip & Fall
RESULT: $75,000 (Motion for New Trial - Deft: DENIED) (Verdict)
INJURY: Fractured femur w/hip replacement
SPECIALS: $13,000 MED pd by Medicare.
STATE: California
COUNTY: Los Angeles
COURT: U.S. District Court
JUDGE: Gadbois
PLAINTIFF ATTORNEY: John Francis Carroll
DEFENDANT ATTORNEY: W. Mike McCray
POLL: 12-0
FACTS: This is a retrial. First trial ended in Hung-Jury, 5-1 for deft.
Plf and her husband were crossing Town Square at Disneyland when plf's
heel got caught in the groove alongside the streetcar tracks. Plf alleged
hazard and groove should have been color coded. Deft's expert admitted on
cross exam that the groove was a hazard.
Defense: No hazard. Condition open and obvious.
PLAINTIFF MEDICAL EXPERTS:
A. Latteri, Ortho
PLAINTIFF EXPERTS:
None Called
DEFENDANT MEDICAL EXPERTS:
None Called
DEFENDANT EXPERTS:
Kent Bingham, Design Engr
OFFER: None
DEMAND: $75,000 while Jury out.
PARSONESE vs. WALT DISNEY PRODUCTIONS
Case No. 39 20 39 Verdictum Juris No. 86-245B
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Full rotator cuff tear of rt. shoulder; surgery & loss of use of
the arm; husband for loss of consortium.
SPECIALS: $5,700 medical.
STATE: California
AREA: Orange County
JUDGE: Hon. Richard W. Luesebrink - Dept. 27
PLAINTIFF ATTORNEY: Duane Lind, William Ferguson & Michael Eisner (Law
Offices of Jerome J. Cohen), Beverly Hills
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: 12-0
TITLE: Grandma And The Jungle Boat Ride!
FACTS: On 7/22/82 the Plft., 66 years of age and retired, went to
Disneyland with her husband, sister and granddaughter. The Pltf. and her
granddaughter went on the Jungle Boat ride. When the ride was over, the
boat pulled over to the dock for disembarkation. As the Pltf. began to
step off the boat, it swayed and she fell about 1 1/2 feet from the dock's
edge.
PLAINTIFF CLAIMED she was shoved or pushed to the dock by an attendant as
she exited the boat. There were no handrails and the boat swayed.
DEFENDANT ARGUED the staff was adequate to accomodate guest attendance.
The Pltf. had been on boats before and knew that they sway. An attendant
assisted her out of the boat. She fell on the dock after she had cleared
the boat. PLAINTIFF MEDICAL EXPERTS: Dr. Lloyd A. Hurley, M.D. -
Orthopedic Surgery - Albuquerque, New Mexico OFFER: -0-
DEMAND: $175,000
TRIAL TIME: 3
JURY TIME: 45 minutes
PATRICIA COSTLES vs. THE WALT DISNEY CO.
Case No. B 60905 Verdictum Juris No. 91-151D
Verdict Date: July 24, 1991
TOPIC: Premises Liability
RESULT: Defense (verdict)
INJURY: Lumbosacral sprain with radiating pain to the right hip.
SPECIALS: Medical Costs: $4,000 past, ongoing physical therapy; Loss of
Earnings: $2,250 past, $225/month future; Other: $11,002 workers' comp.
lien. STATE: California
AREA: Fullerton
JUDGE: Charles Farano
PLAINTIFF ATTORNEY: David Olan (Law Offices of Bennet Olan), Los
Angeles - (213) 820-7266
DEFENDANT ATTORNEY: Richard McCain Santa Ana - (714) 953-4242
POLL: 12-0
FACTS: 3/27/87: Plaintiff, 43 year-old high school teacher, was
chaperoning students at a private honor society evening at Disneyland.
For the last ride of the evening, the Plaintiff and an escort went on the
Star Tours attraction. The students had told the Plaintiff that it was
'rad.' The Plaintiff, who was 5'4" and weighed 280 lbs., did not enjoy the
more active rides. She did not read the warning signs and claimed she was
injured while experiencing jolts on the ride. The Plaintiff expected a
movie show and not a journey to the Endor moon. PLAINTIFF CLAIMED the
Defendant failed to warn of the ride's nature. The safety restraints were
defective in design and in application. The Plaintiff requested Res Ipsa
and common carrier instructions on negligence.
DEFENSE ARGUED there was no liability based on their preventive
maintenance, responsible operation and safety in design. Contended there
was no defective seat belts and warning signs were posted.
PLAINTIFF TECHNICAL EXPERTS:
Schwartz, Andrew - Orthopedic Surgeon - Beverly Hills
DEFENDANT TECHNICAL EXPERTS:
None
OFFER: None
DEMAND: $12,000 CCP 998, request at trial $78,000.
TRIAL TIME: 2 days
JURY TIME: 1 1/2 hours
EDITOR'S NOTE: The workers' comp. carrier was dismissed prior to
the trial. PATRICIA OLIVER vs DISNEYLAND
Case No. 34-47-10
Verdict Date: September 11, 1984
TOPIC: SLIP & FALL AT DISNEYLAND/CONTENTS DANGEROUS CONDITION
RESULT: Defendant (Verdict)
INJURY: Trimalleolar fracture of R/leg and ankle. Open reduction surgery
w/insertion of screws. Hospitalized 3 wks. Claimed traumatic arthritis
w/possible future ankle fusion.
SPECIALS: $8,528 MED plus $10,000 possible future MED.
STATE: California
COUNTY: Orange
JUDGE: Henry Smith
PLAINTIFF ATTORNEY: Johnson, Highman & Johnson by Jeffrey Smith
DEFENDANT ATTORNEY: McCray, McCain & Walker by Richard McCain
POLL: 12-0
FACTS: Plf (22-unemployed) slipped and fell near deft's Haunted Mansion on
11-12-79 (a warm, sunny day). Contended she noticed pant leg was damp from
water on walkway. Alleged dangerous condition.
DEFENSE: Contended no evidence of water or debris in area. Plf admitted
she was wearing thick thongs and had been skipping when she fell.
PLAINTIFF MEDICAL EXPERTS:
Harvey Dannis, Ortho Surg, Anaheim
DEFENDANT MEDICAL EXPERTS:
George McCan, Ortho Surg, Newport Beach
OFFER: None
DEMAND: $75,000
TRIAL TIME: 4 days
JURY TIME: 2 hrs
Confidential Report For Attorneys - 1984 Vol 20 Pg 11
PATRICIA HILL & WILLIAM HILL vs. WALTER J.
GALLAGHER, as Sheriff of Orange
County, and WALT DISNEY WORLD CO.
Docket No. CI 91-283; FJVR Reference No. 93:8-51
Verdict Date: July 16, 1993, as to false imprisonment;
Publication Date: August 1993
RESULT: $ 216,700 for Plaintiffs (verdict)
(Patricia: $ 4,200 - past medical expenses; $ 2,500 - present value of
future medical expenses [over 15 years]; $ 5,000 - past pain and
suffering; $ 5,000 - future pain and suffering; $ 200,000 - punitive
damages) and For the Defendant as to battery and intentional infliction of
emotional distress. STATE: Florida
COUNTY: Orange
JUDGE: William C. Gridley
PLAINTIFF PROFILE: Age: 39
Occupation: Clerical Worker
PLAINTIFF ATTORNEY: Joseph A. Glick, Miami; Judith B. Friedland, Orlando
DEFENDANT ATTORNEY: Bruce R. Bogan of Eubanks, Hilyard, et al., Orlando
for Sheriff; John H. Ward of DeWolf, Ward, et al., Orlando
CAUSE OF INJURY: On February 12, 1989, Plaintiffs were visiting EPCOT
Center with a friend, Wayne Paul, who was a former employee of Disney
World. Plaintiff Patricia Hill had brought a videocamera with her and was
taping various scenes in the theme park. While Plaintiffs were at the
Energy Pavilion, one of the Disney World's security guards approached
Plaintiffs' friend, Mr. Paul, and asked him about the contents of
Plaintiff's videotape. The security guard approached Plaintiff and asked
that she accompany him and Mr. Paul to the security building to answer
questions about the videotape. Apparently, there had been a complaint that
Plaintiff was videotaping Disney World employees while they were
performing their duties, and they were concerned since Mr. Paul had
recently been terminated from Disney's employment.
Plaintiffs and Mr. Paul were apprehensive about accompanying the security
guard, who eventually called the Sheriff's Office for assistance. A few
minutes later, Deputy Sheriff Cheryl L. Ayers-Jeffrey responded to the
request for assistance and escorted Plaintiffs and Mr. Paul to the
security building. Sheriff Ayers-Jeffrey and Disney World's security guard
then conducted a search of Plaintiff Patricia's videotape equipment, audio
tapes, purse, and camera bag, and advised Plaintiffs and Mr. Paul that
they were to leave the premises. Plaintiffs contended that they were
threatened with arrest if they didn't cooperate. Disney World's security
guard then issued trespass warnings to Plaintiffs and Mr. Paul and they
were escorted out of the theme park. Plaintiffs filed claims against both
Defendants for assault, battery, false imprisonment, and intentional
infliction of emotional distress. Plaintiffs also filed claims against the
Sheriff for negligent retention of Sheriff Ayers-Jeffrey and against
Disney World for negligent hiring of a security force. Prior to trial, the
court granted a directed verdict as to Plaintiffs' claims against the
Sheriff. NATURE OF INJURY: Post-traumatic stress and aggravation of
pre-existing psychological problems. Plaintiff contended that she was
unable to work on a full-time basis as a result of her psychological
injuries. PLAINTIFF EXPERT WITNESSES: Peter A. Butkins, M.S., Mental
Health Counselor, Longwood
DEFENDANT EXPERT WITNESSES: Robert G. Kirkland, M.D., Psychiatry, Orlando
(video depo) EDITOR'S NOTE: The jury awarded zero damages for past and
future lost earnings as to Plaintiff Patricia Hill and zero damages for
loss of consortium of Plaintiff William Hill.
PAUL ABBASYADEH & LOUISE DANG vs. DISNEYLAND
Case No. 63 69 41; Tri-Service Reference No.
94-06-20
Verdict Date: January 28, 1994
TOPIC: Premises Liability: Boy Hit by Pole at Disneyland
RESULT: Defense (verdict)
Arbitration: $7,500 by Peter Nix; Trial de Novo by Plaintiff. INJURY:
Personality behavioral changes. Diagnosed with post concussion syndrome
and minimal brain damage causing hyper active-attention deficit disorder.
Louise claims negligent infliction of emotional distress.
SPECIALS: Medical Costs: $2,200 past, future counseling and
treatment $5,000
STATE: California
AREA: Santa Ana
JUDGE: Selim Franklin
PLAINTIFF ATTORNEY: Ryan Hirota (Law Offices of Allan Weiss),
Long Beach - (310) 421-6333
DEFENDANT ATTORNEY: Richard E. McCain (McCain & Ragsdale),
Tustin - (714) 731-2510
FACTS: 1/23/88: Plaintiff, 32 year-old homemaker and her 3 1/2 year-old
son, were at Disneyland. At 7:15 pm they were on the Autopia attraction.
A light pole adjacent to the track fell and by everyone's account the
light pole struck one of the Defendant's employees. Louise was not struck
and did not see the pole hit her son. Louise said her son started crying,
had a welt on his head and a red streak across his face.
PLAINTIFF CLAIMED the Plaintiff went to first aid facility where it was
confirmed that the child had a red mark on his face. This was proof that
he was hit by the light pole. The Plaintiff exhibited erratic behavior,
nervousness, hyperactivity, bedwetting, forgetfulness etc. after this
incident. Plaintiff was granted a Res Ipsa Loquitor instruction.
DEFENDANT ADMITTED that the pole fell, but argued that it did not strike
the Plaintiff. The Plaintiff's behavioral changes were due to the chaotic
family life caused by major marital discord. The Plaintiff's red mark on
his face was due to allergies that the boy had suffered since birth.
PLAINTIFF TECHNICAL EXPERTS:
Dubin, Jorge - Psychiatrist - Beverly Hills
DEFENDANT TECHNICAL EXPERTS:
Goldman, Allan - Neurologist - Santa Ana
Green, Robert - General Practice - Irvine
INSURANCE COMPANY: None
OFFER: None
DEMAND: $65,000
TRIAL TIME: 3 1/2 days
JURY TIME: 15 minutes
Case done on retrial from a prior mistrial in 10/93. In that case trial
Judge Frederick Horn did not allow reference to Plaintiff Louise Dang's
arrest by police or other emotional distress factors which was a basis for
her emotional distress claim and a lawsuit. On retrial, all of the
Plaintiff's prior and subsequent claims were discussed in reference to
Louise Dang's emotional distress claim. PAUL ALTER vs. WALT DISNEY
PICTURES
Case No. BC051 877; Tri-Service Reference No.
94-20-05
Verdict Date: November 11, 1993
TOPIC: Breach of Implied Contract: Film Script
RESULT: $300,000 (verdict)
$300,000
SPECIALS: Damages: Plaintiff deprived of compensation for his
story and deprived of credit on film
when released.
STATE: California
AREA: L.A. Central
JUDGE: David Yaffe
PLAINTIFF ATTORNEY: Thomas V. Girardi & Amy Fisch Solomon
(Girardi & Keese), Los Angeles -
(213) 977-0211
DEFENDANT ATTORNEY: Howard King & Gerard Fox (Katten, Muchin,
Zavis & Weitzman), Los
Angeles - (310) 788-4400
POLL: 9-3
FACTS: 1982: Plaintiff had written a film script about a baby boy who
becomes giant-sized due to an accident at a high-tech science laboratory.
This story was registered with the Writers' Guild and sent to several
studios for their consideration. One studio was Disney. After reading
the script, Disney met with Alter and discussed the story. After Alter
submitted additional story lines, Disney wrote Alter a rejection letter.
It was disputed whether Disney had returned Plaintiff's story. All of
this occurred in 1982. In 1989, Disney released the film "Honey, I Blew
Up the Kids" which had more than fifteen detailed point similarities to
Plaintiff's story outline.
PLAINTIFF CLAIMED Disney received and utilized his story-line in the
making and development of "Honey, I Blew Up the Kids." Disney, however,
failed to compensate Plaintiff for his useful idea after submitting it to
the studio. DEFENDANT ARGUED Disney never used Plaintiff's treatment in
any way while creating the film. Rather, its development was based on
other peoples' ideas, scripts and input. Therefore, Plaintiff deserved no
compensation. PLAINTIFF TECHNICAL EXPERTS: None
DEFENDANT TECHNICAL EXPERTS:
None
INSURANCE COMPANY: None
OFFER: $5,000
DEMAND: $100,000
TRIAL TIME: 10 days
JURY TIME: 7 days
PEGGY LEE, Plaintiff, by NEIL PAPIANO and DEBORAH NESSET
(Iverson, Yoakum, et al.) and
DAVID BLASBAND (Deutsch, Klagsbrun, et al.) vs. WALT DISNEY
PRODUCTIONS and BUENA
VISTA HOME VIDEOS, Defendants, by ROY L. REARDON and DAVID
MASSENGILL (Simpson,
Thacher, et al.) and RICHARD F.X. CLAIR (In-House)
Case No. C-705,414
Verdict Date: 3/20/91
TOPIC: BREACH OF CONTRACT - TRIED ON DAMAGES ONLY
RESULT: $3,830,000 (See Write up) (VERDICT)
STATE: California
AREA: Los Angeles County (Central-West)
JUDGE: S. Lachs
JURY POLL: Varied
SUMMARY: 1987 FACTS: In 1952, pltf. signed an agreement with Walt Disney
Productions to play four characters and sing three songs for "Lady and The
Tramp". Pltf. also co-wrote six songs. She was paid $3,500 and the film
was released in 1955. In 1987, Disney released the video cassette of the
movie. In March, 1990, Judge Huss granted pltf's. motion for summary
judgment on liability. PLAINTIFF'S CONTENTIONS: Breach of contract,
unjust enrichment and violation of the right of publicity. DEFENSE: Pltf.
is entitled to an amount pursuant to the custom and practice of the
industry for compensation of voice services in animated features in the
amount of $351,000. The standard is provided by the Screen Actors Guild
in a codified agreement. ADDITIONAL INFORMATION: The breakdown of the
verdict is as follows: $2,305,000 against Walt Disney for breach of
contract; $500,000 for unjust enrichment against Buena Vista Home Videos;
$200,000 against Walt Disney for unauthorized use of pltf's. voice and
name in connection with foreign sales; $625,000 against Walt Disney for
unauthorized use of pltf's. voice and name in connection with domestic
sales; $200,000 against Buena Vista for unauthorized use of pltf's. name
and voice.
INJURY: DAMAGES: Pltf. claimed she was entitled to 12.5% of the
gross receipts from the sale of the
video cassettes.
PLAINTIFF EXPERTS: Marc Bailin, Entertainment Law Attorney (L.A.
and New York)
DEFENSE EXPERTS: Kathleen O'Connell, V.P. of Business and Legal
Affairs (In-House, Walt
Disney)
TRIAL TIME: 12 Days
DELIBERATION TIME: 2 Days
OFFER: $351,000
PERERIA vs. WALT DISNEY PRODUCTIONS
Case No. 227,455 Verdictum Juris No. 82-2A
Verdict Date: January 6, 1982
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Sprained tendon in right shoulder rotator cuff.
SPECIALS: $268 Medical; no L.O.E.
STATE: California
AREA: Orange County
JUDGE: Hon. Walter Charamza - Dept. 31
PLAINTIFF ATTORNEY: Thomas E. Frankovich (Oleno and Oleno), Los
Angeles
DEFENDANT ATTORNEY: W. Mike McCray, Newport Beach
POLL: 11-1
TITLE: A Fall Down At The Pirates Lagoon
FACTS: On 2/19/77 at 9:00 P.M., the Pltf., age 70 and unemployed, was
walking with her daughter along the lagoon near the Pirates of the
Caribbean at Disneyland. She slipped and fell on either chocolate covered
banana or possibly a chocolate covered ice cream cone. Pltf. claimed
there were no sweepers in the area for at least 30 minutes before the
accident. A security guard testified he did not see a sweeper all night.
Deft. argued no notice and denied the substance was banana or ice cream;
it was a clear substance and not easily seen by a sweeper. Deft. severely
impeached the Pltf. on a fall down that occurred one year after this
accident.
PLAINTIFF MEDICAL EXPERTS:
John Sellman - Ortho - Santa Monica
DEFENDANT MEDICAL EXPERTS:
None called.
OFFER: None
DEMAND: None
TRIAL TIME: 3
JURY TIME: 1 hour
PERLIE J. STONE vs WALT DISNEY PRODUCTIONS
Case No. 377303
Verdict Date: June 5, 1985
TOPIC: PREMISES LIABILITY (Slip & Fall-Disneyland Parking
Lot/Kneecap Fracture)
RESULT: Defendant (Verdict)
INJURY: Claimed comminuted fracture of L/kneecap resulting in
full patellectomy w/subsequent
fracture of L/ankle.
SPECIALS: $30,818.07 MED to date; $13,200 future LE.
STATE: California
COUNTY: Orange
JUDGE: Richard W. Luesebrink
PLAINTIFF ATTORNEY: Kenneth Golden Law Offices (Westminster)
DEFENDANT ATTORNEY: Richard E. Mc Cain Law Offices (Newport
Beach)
POLL: 10-2
FACTS: On 5-15-81 pltf (47-micro data assembly worker) went to Disneyland
accompanied by her husband and two friends at 8 p.m. Pltf's car was parked
in an area not currently used for parking and close to the ticket entrance
which was actually in a bus zone. Walking from the car to the ticket
area, pltf saw a "shadow" which she believed to be asphalt repair. Pltf
stepped on the "shadow" and slipped on oil, fracturing her kneecap.
Alleged deft failed to inspect parking facility in a section where it knew
or should have known guests would be walking.
DEFENSE: Contended it exercised reasonable care in the
maintenance and operation of its facility to
avoid hazardous oil spills.
PLAINTIFF MEDICAL EXPERTS:
C. Anthony Shen, Ortho Surg, Westminster
DEFENDANT MEDICAL EXPERTS:
John L. Howard, Ortho, LA
OFFER: None
DEMAND: $150,000; pltf's Atty asked Jury for $839,018
TRIAL TIME: 6 days
JURY TIME: 2 hrs
PERRY GLEN vs DISNEYLAND
Case No. 31-06-98
Verdict Date: May 13, 1982
TOPIC: Amusement Park Ride Mishap
RESULT: Defendant (Verdict)
INJURY: Avulsion fracture of L/navicular with internal fixation surgery.
Tendency of residual traumatic arthritis.
SPECIALS: $3,775.90 past MED.
STATE: California
COUNTY: Orange
JUDGE: Blanpied
PLAINTIFF ATTORNEY: Arden & Arden by Jack Hartney
DEFENDANT ATTORNEY: W. Mike McCray by John T. Walker
POLL: 11-1
FACTS: Accident happened 27 Dec 1978. Plf (14) alleged he and 3 friends
were in the Alice In Wonderland ride when it was going around a curve and
the car jerked. Plf claimed that because there were no restraints, his
foot became caught between the car and another object.
Defense: Deft contended accident could only occur if leg was purposely put
out to release safety catch between car and floor.
PLAINTIFF MEDICAL EXPERTS:
Homer Williams, Ortho Surg
DEFENDANT MEDICAL EXPERTS:
None Called
OFFER: None
DEMAND: None
PHILLIP SAN ANGELO, Plaintiff, by CLINTON M. HODGES
(Law Offices of John Scott)
vs. MARK ZWIRNER, Defendant No. 1, In Propria Persona;
FALCON DEMOLITION CO.,
Defendant No. 2, by ROBERT H. BERGSTEN (Parker, Stanbury, et
al.); THE WALT DISNEY CO.,
Defendant No. 3, by WILLIAM RORIE (Urie & Peterson) (DEFENSE
VERDICT)
Case No. 51-48-03
Verdict Date: 12/21/89
TOPIC: CONSTRUCTION ACCIDENT; DANGEROUS CONDITION; PREMISES
LIABILITY
RESULT: $272,934 (See Write-Up) (VERDICT)
STATE: California
AREA: Orange County (Santa Ana)
JUDGE: Gray
JURY POLL: 12/0 (Zwirner); 10/2 (Falcon)
SUMMARY: 6-4-86. Pltf., 24 year old ironworker. Deft. #3 contracted with
deft. #2 to do work in construction of "Space Simulator" at Disneyland.
Pltf's. employer had their access ladder sitting on the roof being
demolished by deft. #2. The ladder was insufficient in length and needed
to be tied off at the top to be secure. Deft. #2's employee allegedly
asked deft. #1 to move the ladder. Deft. #1 eventually untied it, claiming
deft. #2 had asked him to do so. Deft. #1 then left the area. Prior to
the ladder ever being retied, pltf. used it to go on his coffee break.
Pltf. failed to see the ladder was untied and fell on his back. Pltf.
alleges: Negligence against deft. #3 for failing to inspect for safety
violations; against deft. #1 for untying the ladder; and against deft. #2
for requesting the ladder to be untied and failing to retie it. Claim of
special risk against deft. #3 also. DEFENSES: Pltf's. employer was
negligent for supplying too short a ladder and pltf. for using it. Deft.
#2's employee did not ask deft. #1 to untie the ladder. Deft. #3 had no
notice of the defective ladder, and it was not a special risk situation;
but if it was, and there was collateral negligence, it was by the
independent contractors. Defts. also claim spondylolysis was congenital
and the spondylolisthesis was present at the time of the accident and
surgery would have been necessary within a few years. Claim pltf. only
suffered a musculoligamentous sprain to low back. PLAINTIFF WAS FOUND 10%
NEGLIGENT; EMPLOYER 20% NEGLIGENT; DEFENDANT NO. 1 - 35% NEGLIGENT; AND
DEFENDANT NO. 2 - 35% NEGLIGENT. DEFENSE VERDICT FOR DEFENDANT NO. 3.
INJURY: Claims fractured L-5 causing spondylolysis and eventual
spondylolisthesis which required L-5, S-1 fusion. MED: $18,700. COMP.
LIEN: $89,000 NOT TO JURY. L/E: $89,615. FUTURE L/E: $102,690. PLAINTIFF
MEDICAL EXPERTS: Kenneth Lay, Ortho. Surgeon (Pasadena) PLAINTIFF EXPERTS:
Jerry Hildreth, Construction (Tehachapi) and Wayne Lancaster, Econ.
(Rosemead)
DEFENDANT MEDICAL EXPERTS: George McCan, Ortho. Surgeon (Newport
Beach)
DEFENSE EXPERTS: Robert Blattenberg, Actuary (Irvine)
DELIBERATION TIME: 1 Day
OFFER: $70,700 New Money
DEMAND: $840,000 New Money
PHILLIP A. SAN ANGELO vs FALCON DEMOLITION, MARK ZWIRNER, THE
WALT DISNEY
COMPANY
Case No. 514803; CRA No. 1541
Verdict Date: December 21, 1989
TOPIC: Construction Site Negligence - Construction iron-worker
on the "Space Simulator" at
Disneyland falls from ladder. Dispute over who untied it; male,
age 24, fractured vertebrae
RESULT: $191,054 (Jury Trial)
($272,934 gross, net $191,054. Deft Falcon 35% negligent, Deft
Zwirner 35% negligent, Pltf's
employer 20% negligent, Pltf 10% negligent. Defense verdict for
Walt Disney Co.)
SPECIALS: $81,100: $18,700 past medical, $89,615 L.E., $702,690
future L.E.
DEFT: That Deft Zwirner was negligent for untying the ladder and
Deft Falcon for requesting the
ladder to be untied and then failing to retie it. Contended
negligence against Deft Walt Disney
Company for failing to inspect for safety violations; also
advanced a claim of special risk against Deft
Walt Disney Company.
STATE: California
COUNTY: Orange
COURT: Orange County Superior Court, Santa Ana
JUDGE: James P. Gray
PLAINTIFF ATTORNEY: Law Office of John Scott Matthew, By:
Clinton M. Hodges, Sherman Oaks
For: San Angelo
DEFENDANT ATTORNEY: Parker, Stanbury, Babcock, Combs & Bergsten,
By: Robert H. Bergsten,
Santa Ana For: Falcon; Howard, Moss, Loveder, Strickroth &
Walker, By: Theodore R. Howard, Santa
Ana For: Walt Disney; Mark Zwirner, propria persona
POLL: 12-0 Deft Zwirner, 10-2 Deft Falcon, 9-3 Deft Disney
FACTS: On June 4, l986, about 9:00 a.m. at Disneyland in Anaheim, the
24-year-old Pltf fell from a ladder. The ladder had been leaning against
the roof that was being demolished by Deft Falcon Demolition. Deft Walt
Disney had contracted with Falcon Demolition and Pltf's employer to work
on construction of the Space Simulator at Disneyland. Pltf's employer,
Bernards Company, had their access ladder sitting on the roof. The ladder
was insufficient in length and needed to be tied at the top to be secure.
While Pltf was away from the site on his coffee break Deft Zwirner was
allegedly asked by Deft Falcon to untie the ladder, which he did. Then he
left the area. When Pltf returned he climbed the ladder, failing to see
it was untied. The ladder fell and Pltf landed on his back. PER PLTF:
That Deft Zwirner was negligent for untying the ladder and Deft Falcon for
requesting the ladder to be untied and then failing to retie it.
Contended negligence against Deft Walt Disney Company for failing to
inspect for safety violations; also advanced a claim of special risk
against Deft Walt Disney Company. DEFENSE: Pltf's employer was negligent
for supplying too short a ladder and the Pltf for using it. Falcon's
employee did not ask Deft Zwirner to untie the ladder. The Disney Company
had no notice of the defective ladder, and that it was not a special risk
situation;. But that if it were a special risk situation,and there was
collateral negligence, it was by the independent contractors.
PLAINTIFF MEDICAL EXPERTS:
Kenneth Lay, M.D., Orthopedist, Paradise
PLAINTIFF EXPERTS:
Jerry Hildreth, Construction, General, Techachapi
Wayne Lancaster, Economist, Rosemead
DEFENDANT MEDICAL EXPERTS: George McCan, M.D., Orthopedist,
Newport Beach
DEFENDANT EXPERTS: Robert Blattenberg, Actuary, Irvine
OFFER: $50,000 Deft Falcon, $700 Deft Zwirner, $5,000 Deft
Disney, $10,000 Deft Bernards. Defts
attorney asked the jury for $25,000.
DEMAND: $840,000 and $77,959 for compensation lien, MSC $600,000
Pltf's attorney asked the jury
for $1,300,000.
TRIAL TIME: 8 Days
JURY TIME: 1 Day
NOTE: Particular points of law argued include special risk
doctrine, collateral negligence, and
assumption of risk.
PHKOL KHVANN vs. THE WALT DISNEY COMPANY
Case No. B 62827
Verdict Date: July 2, 1992
TOPIC: Premises Liability
RESULT: Defense (verdict)
Prior Arbitration: $12,000; Trial de Novo by Defendant.
INJURY: Left leg sprain with sore left hip and sore left
shoulder.
SPECIALS: Medical Costs: $4,500
STATE: California
AREA: Fullerton
JUDGE: Carla M. Singer
PLAINTIFF ATTORNEY: Richard Harting (Mason & Landis), Long Beach
- (213) 434-9968
DEFENDANT ATTORNEY: Richard McCain, Santa Ana - (714) 953-4242
POLL: 12-0
TITLE: At Disneyland . . . A Leaking Trash Can
FACTS: 4/2/88: Plaintiff, 40 year-old homemaker, was at Disneyland walking
near Frontierland when she slipped and fell. After falling, the Plaintiff
noticed a liquid on the ground that was coming from a trash can 2-3 feet
away. The Plaintiff's husband saw his wife fall and verified the presence
of the liquid from the leaking trash container.
PLAINTIFF CLAIMED the Defendant knew or should have known about the
leaking trash can. This should have been remedied by placing a liner
inside the can. DEFENDANT ARGUED the walk way was well maintained and
there was no notice of a leaking trash can. A subsequent inspection of
the area did not disclose a defective trash can.
PLAINTIFF TECHNICAL EXPERTS:
West, Emmett - Chiropractor - Long Beach
DEFENDANT TECHNICAL EXPERTS:
None
OFFER: Nothing
DEMAND: $6,000
TRIAL TIME: 1 1/2 days
JURY TIME: 30 minutes
PIERCE V WALT DISNEY WORLD CO.
Case No. CI 89-8689; LRP Publication No. 72331
Settlement Date: January 1991
TOPIC: Premises Liability - At Amusement Facility
RESULT: $ 20,000 (Settlement)
INJURY: Ankle Fracture
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
PLAINTIFF ATTORNEY: Jack B. Nichols, Orlando, FL.
DEFENDANT ATTORNEY: Carol S. Pacula, Lake Buena Vista, FL.
INCIDENT DATE: 12/88
SUMMARY: A 58-year-old female homemaker sustained a bimalleolar
fracture of the left ankle
resulting in tendinits, when she fell on a walkway while
attending a christmas candlelight choir at the
defendant's amustment facility. The plaintiff alleged that the
defendant was failed to keep the area
well lite, and was negligent in failing to provide adequate
lighting during the candlelight service. The
defendant contended that the plaintiff was negligent in causing
her injuries since she kept walking
around in the dark, and denied that only candles were lighting
the area.
PLAINTIFF MEDICAL EXPERTS:
Orthopedist: Maslow, Gregory, M.D., Woodbury NJ
Medical Specialist: DiSanto, Charles, M.D., Marlton NJ
PLAINTIFF EXPERTS:
Building Code Specialist: Newton, Don, Orlando FL
DEFENDANT EXPERTS:
Buliding Code Specialist: Moses, Tom, Bay Lake FL
PLTF (1) MAE HOMIER AND PLTF (2) ARTHUR HOMIER vs
WALT
DISNEY COMPANY
Case No. 505362
Verdict Date: August 18, 1988
TOPIC: PREMISES LIABILITY - SLIP AND FALL AT DISNEYLAND -
FRACTURED FEMUR
RESULT: Defense (Verdict)
INJURY: Fractured femur, displaced sub-capital fracture which
necessitated partial hip replacement.
Likelihood of two future surgeries.
SPECIALS: $18,000 Med; $36,000 Future Med
STATE: California
COUNTY: Orange
JUDGE: Richard W. Luesebrink
PLAINTIFF ATTORNEY: Law Offices of Theodore A. Anderson By:
Theodore A. Anderson - Anaheim
DEFENDANT ATTORNEY: Law Offices of Richard E. McCain By: Richard
E. McCain - Santa Ana
POLL: 12-0
FACTS: On November 2, 1985 pltf (63 - Retired) and her husband
on vacation, journeyed from
Washington state to Disneyland. While they were walking towards
the Mr. Lincoln attraction pltf lost
hold of her husband. Her feet struck a curb and she tumbled to
her left side fracturing her left femur.
Pltf claimed unrestrained crowd prevented her from seeing and
avoiding curb. Husband sued for loss
of consortium.
DEFENSE: Contended no defect in sidewalk, curb or street. No
evidence of failure to maintain the
premises. There was a light crowd in attendance on the day of
the accident.
PLAINTIFF MEDICAL EXPERTS:
Patrick S. Zaccalini, Orthopedic Surgeon, Los Angeles
Marvin Rofsky, Clinical Psychologist, Orange
DEFENDANT MEDICAL EXPERTS:
None
OFFER: None; defense argued for a defense verdict
DEMAND: $200,000; pltf's atty asked the jury for $200,000
TRIAL TIME: 2 days
JURY TIME: 20 minutes
PRESENTED IN CRA 1988 No. 13 Pg 21
R. DOSS and MICHAEL GARRETT, Plaintiffs, by B.
ALLEN MILLSTONE
(Millstone, Berman, et al.)
vs.
DISNEYLAND, Defendant, by RICHARD E. McCAIN
Case Nos. 40 93 83, 42 24 85
Verdict Date: 2/25/86
TOPIC: FALSE IMPRISONMENT
RESULT: Defendant (VERDICT)
STATE: California
AREA: Orange County
JUDGE: Sills
JURY POLL: 12/0
SUMMARY: 2-19-83. Pltfs., together with friend Jim Higgins to
Disneyland. All three had been
drinking beer and had been asked to leave earlier because of
urinating in parking lot. Higgins was
injured during a ride by all three on Space Mountain. Pltfs.
were questioned by Disneyland
employees re: accident but were uncooperative and appeared
intoxicated. Police called and detained
pltfs. for questioning and investigation. Pltfs. claim such
detention was uncalled for because they had
committed no wrong. DEFENSE: All proceedings proper and called
for under the circumstances.
INJURY: Emotional distress and also asked for punitive damages.
Higgins, the injured boy, sued for
product liability in another action, which he lost after
arbitration award of $1,000.
OFFER: None
DEMAND: Demands Totaled $360,000
R. DOSS and MICHAEL GARRETT, Plaintiffs, by B.
ALLENMILLSTONE (Millstone, Berman,
et al.) vs.DISNEYLAND, Defendant, by RICHARD E. McCAIN
Case No. 40 93 83, 42, 24, 85
Verdict Date: 2/25/86
TOPIC: FALSE IMPRISONMENT
RESULT: Defendant (VERDICT)
STATE: California
AREA: Orange County
JUDGE: Sills
JURY POLL: 12/0
SUMMARY: 2-19-83. Pltfs., together with friend Jim Higgins to
Disheyland. All three had been
drinking beer and had been asked to leave earlier because of
urinating in parking lot. Higgins was
injured during a ride by all three on Space Mountain. Pltfs.
were questioned by Disneyland
employees re: accident but were uncooperative and appeared
intoxicated. Police called and detained
pltfs. for questioning and investigation. Pltfs. claim such
detention was uncalled for because they had
committed no wrong. DEFENSE: All proceedings proper and called
for under the circumstances.
INJURY: Emotional distress and also asked for punitive damages.
Higgins, the injured boy, sued for
product liability in another action, which he lost after
arbitration award of $1,000.
OFFER: None
DEMAND: Demands Totaled $360,000
RAISBECK vs. (1) WALT DISNEY PRODUCTIONS; (2) WALT
DISNEY EDUCATIONAL
MEDIA CO.; (3) WALT DISNEY TELECOMMUNICATIONSAND NON-THEATRICAL
CO.
Case No. NCC 23191B Verdictum Juris No. 86-146D
TOPIC: Breach of Contract
RESULT: $442,800 (verdict)
INJURY: Emotional Distress
SPECIALS: Loss of profits and future earnings from failure of
Deft. to pay a percentage of gross
profits.
STATE: California
AREA: Glendale
JUDGE: Hon. Robert P. Schifferman - Dept. "D"
PLAINTIFF ATTORNEY: Lowell John Dosch (Los Angeles); Andrew
Davis (Newport Beach); Ray
Kolts (Los Angeles)
DEFENDANT ATTORNEY: William Bitting (Los Angeles); Kevin Brogan
(Hill, Farrer & Burrill - Los
Angeles)
POLL: Unknown
TITLE: A Disney Movie? . . . . Maybe Not!
FACTS: In 1981, the Pltf., a 78 year old producer, brought to
Disney Productions a film project which
concerned physical fitness. The film was endorsed by the
President's Council on Physical Fitness
and Sports. It was agreed between Pltf. and Defts. to be a
joint venture. Disney fired the Pltf. and
proceeded with the project alone.
PLAINTIFF CLAIMED Defts. breached their contract with him; they
were guilty of conversion and
fraud.
DEFENDANTS ARGUED it was the Pltf. who breached the contract and
they had to follow through
with the project without their "partner"; no fraud and no
wrongful conversion.
PLAINTIFF TECHNICAL EXPERTS:
John O'Neil, Ph.D. - Statistics & Business Projection Cal Poly,
Pomona
DEFENDANT TECHNICAL EXPERTS:
In House Personnel and Accountants
OFFER: $20,000 raised to $75,000 after liability was determined.
DEMAND: $250,000
EDITOR'S NOTE: This case was bifurcated and tried on the
question of liability of Disney for the acts
of a subsidiary production company. It was found that the two
production companies were entwined
with Disney holding the copyrights on the subsidiary
productions.
RAMON CENDANA & LEA CENDANA, his wife vs. WALT DISNEY
WORLD CO.
Docket No. CI 91-4057; FJVR Reference No.
92:12-66
Verdict Date: November 13, 1992; Publication Date:
December 1992
TOPIC: Amusement Park Accident - Defense Verdicts - Falldown -
Slip - Theme Park
RESULT: For the Defendant (verdict)
STATE: Florida
COUNTY: Orange
JUDGE: Joseph P. Baker
PLAINTIFF PROFILE: Age: 30
Occupation: Property Manager
PLAINTIFF ATTORNEY: Michael H. Weiss, Gainesville
DEFENDANT ATTORNEY: Robert E. Bonner of Eubanks, Hilyard, et
al., Orlando
CAUSE OF INJURY: On June 27, 1990, Plaintiff Ramon Cendana was
descending some outside
steps near the Yakitori Restaurant at Epcot when he slipped and
fell.
NATURE OF INJURY: Medial plica syndrome in the left knee
requiring arthroscopic surgery.
PLAINTIFF EXPERT WITNESSES:
Harvey Orlin, M.D., Orthopedic Surgery, Rockville Centre, NY
Ronald Dale, Landscape
Architect/Safety, Orlando
DEFENDANT EXPERT WITNESSES:
Joseph V. Uricchio, Jr., M.D., Orthopedic Surgery, Orlando
Alfred G. Campo, M.D., Emergency
Medicine, St. Petersburg
Douglas Sattler, P.E., Pedestrian Safety, St. Petersburg
REGINA ANTINUCCI vs. WALT DISNEY WORLD CO.
Docket No. CI 93-1230; FJVR Reference No.
94:7-48
Verdict Date: June 27, 1994; Publication Date: July
1994
TOPIC: Amusement Park Accident - Defense Verdicts - Premises
Liability
RESULT: For the Defendant (verdict)
STATE: Florida
COUNTY: Orange
JUDGE: James C. Hauser
PLAINTIFF PROFILE: Age: 40
Sex: Female
Occupation: Registered Nurse
PLAINTIFF ATTORNEY: Carlos Diez-Arguelles of Martinez, Manglardi
& Diez-Arguelles, P.A.,
Orlando
DEFENDANT ATTORNEY: Robert E. Bonner of Eubanks, Hilyard, et
al., Orlando
CAUSE OF INJURY: On February 23, 1989, Plaintiff was visiting
the Universe of Energy exhibit at
Epcot. On entering the exhibit, Plaintiff claimed that she
banged her left knee on a bench which was
left in a walkway as a result of Defendant's negligence.
Defendant denied that it was negligent and
claimed that the incident was the result of Plaintiff's own
failure to exercise reasonable care for her
own safety.
NATURE OF INJURY: Internal derangement of left knee resulting in
arthroscopic surgery for excision
of a synovial plica.
PLAINTIFF EXPERT WITNESSES:
Edward Farrar, M.D., Orthopedic Surgery, Orlando
REYNOLDS, Plaintiff, by JOHN A. LUETTO (Law Offices of
John A. Luetto) vs. WALT
DISNEY PRODUCTIONS, Defendant, by RICHARD E. MCCAIN (Law
Offices of Richard E. McCain)
Case No. 35 37 15
Verdict Date: 7/23/86
TOPIC: WRONGFUL DEATH
RESULT: $600,000 (VERDICT)
STATE: California
AREA: Orange County
JUDGE: Oliver
JURY POLL: 9/3
SUMMARY: 3/7/81. Pltf's. decedent was an 18 year old student.
On 3/7/81 decedent was assaulted
by another guest at a private party at Disneyland. The
altercation arose out of an alleged insult to the
guest's girlfriend. Decedent suffered stab wounds in the heart.
Decedent was treated by
Disneyland's nurse and transported by van to the hospital, where
he died. The cause of death was
ex sanguination. Pltf. contends Disneyland failed to adopt and
implement adequate security
measures in permitting guest into the parked armed with an 8
1/2" folding hunting knife in a belt
scabbard. Pltf. also contends deft. failed to follow written
procedures in failing to call paramedics and
in failing to transport by ambulance to a trauma center.
Pltf's. evidence showed paramedics were
available and that decedent had a 50% to 60% chance of survival
at a trauma center. DEFENSE:
Deft. maintained that both security and First Aid personnel
acted reasonably and that the wound was
fatal, despite any level of medical care.
INJURY: NO SPECIALS TO JURY.
PLAINTIFF MEDICAL EXPERTS: Kenneth Ranson, Trauma Surgeon (Long
Beach)
PLAINTIFF EXPERTS: Robert W. Heilig, R.N., J.D.,
Paramedic/Emergency Medical Systems
Consultant (Billings, Montana)
DEFENDANT MEDICAL EXPERTS: Robert Barros, E.R. Physician (Garden
Grove) and Louis A.
Taucher, Cardiovascular Surgeon (Tustin)
OFFER: None
DEMAND: $100,000 (CCP 998) Withdrawn
REYNOLDS vs. WALT DISNEY PRODUCTIONS
Case No. 35-37-15 Verdictum Juris No. 86-164A
Verdict Date: July 23, 1986
TOPIC: Premises Liability
RESULT: $600,000 (verdict)
INJURY: Fatal - 18 year old son leaving a mother and father.
SPECIALS: Not to jury
STATE: California
AREA: Orange County
JUDGE: Hon. Jerrold S. Oliver - Dept. 35
PLAINTIFF ATTORNEY: John. A. Luetto, Santa Ana
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: 12-0 Lia. 9-3 Damages
TITLE: Stabbed At A Party At Disneyland
FACTS: On 3/7/81, the decedent, an 18 year old student, was
attending a private party at Disneyland.
He apparently insulted someone's girlfriend. Her boyfriend got
mad. He died from multiple stab
wounds. A Disneyland nurse treated the boy and arranged for him
to be transported to Palm Harbor
Hospital where he died.
PLAINTIFF CLAIMED Disneyland failed to adopt and implement
proper security measures. As a
result a quest was allowed to enter the park carrying a 8%"
folding hunting knife in a belt scabbard.
Written procedures required immediate call to paramedics and
ambulance transport to a trauma
center. If this had been done promptly, decedent had a 50-60%
chance of survival.
DEFENDANT ARGUED their security and first aid personnel all
acted reasonably. The wound he
received was fatal. He was stabbed in the heart and would have
died regardless of the level of
medical care.
PLAINTIFF MEDICAL EXPERTS:
Dr. Kenneth Ransom - Trauma Surgeon - Long Beach
Robert W. Heilig, R.N., J.D. - Paramedic/Emergency
Medical Systems Consultant - Billings, Montana
DEFENDANT MEDICAL EXPERTS:
Robert Barros - E.R. Physician
Louis A. Taucher, M.D. - Cardiovascular Surgeon
OFFER: Nothing
DEMAND: $100,000 (CCP998) - withdrawn at trial
TRIAL TIME: 9
JURY TIME: 2 1/2 hrs.
RICHARD THOMPSON, Plaintiff, by RONALD M. PAPELL
(Schlifkin & Papell)
vs.
WALT DISNEY PRODUCTIONS, Defendant, by RICHARD E.
McCAIN
Case No. 39-92-52
Verdict Date: 9/29/88
TOPIC: PRODUCT LIABILITY, PLUS PUNITIVE
RESULT: Defendant (VERDICT)
STATE: California
AREA: Orange County
JUDGE: Luesbrink
JURY POLL: 9/3
SUMMARY: 7-12-82. Pltf., 42 year old truck driver at
Disneyland. Pltf. on "Autopia" ride and rear
endednear end of ride. Pltf. hit car in front and was again
rear ended. Pltf's. hands and legs were
numb, he was confused, unable to speak and hauled out of his
car. Incident reported 3 hours later
and pltf. taken to hospital. Pltf. claims "Autopia" vehicles
dangerous and should have been equipped
with head rests. Alleges deft. aware of injuries occurring and
that 1,000 injuries suffered in 10 years
prior of which 230 were neck related. DEFENSE: Cars safe. Head
rests unnecessary due to level of
impact. 3,500,000 rides per year of which 1,400,000 were
adults. Nonsuit granted as to punitive.
INJURY: Possible central cord syndrome. Slight concussion and
herniated disc. MED: PAID BY
INSURANCE. L/E: $47,880. FUTURE L/E: $72,756.
PLAINTIFF MEDICAL EXPERTS: Richard Sullivant, G.P. (Torrance)
Plaintiff Experts: Arnold Siegel,
Accid. Recon. and Design (Encino), Leonard LaCaze, Jr., Mech.
Engr. (Vollmer-Gray, Long Beach)
and James Schierholz, Econ. (L.A.)
DEFENDANT MEDICAL EXPERTS: Lawrence Mongeon, Neuro/Surgeon
(Fullerton) and Allan
Goldman, Neuro. (Santa Ana)
DEFENSE EXPERTS: John McKibbon, automotive Engineering (Irvine)
TRIAL TIME: 6 Days
DELIBERATION TIME: 4 Hours
OFFER: None
DEMAND: $150,000
RICHARD THOMPSON vs DISNEYLAND
Case No. 399252
Verdict Date: September 29, 1988
TOPIC: PRODUCT LIABILITY - DESIGN DEFECT OF DISNEYLAND RIDE -
CONCUSSION AND
HERNIATED DISC
RESULT: Defense (Verdict)
INJURY: Herniated disc, slight concussion, possible central cord
syndrome.
SPECIALS: Med paid by insurance; $47,880 LE; $72,756 Future LE.
STATE: California
COUNTY: Orange
JUDGE: Richard W. Luesebrink
PLAINTIFF ATTORNEY: Schlifkin and Papell By: Ronald Papell - Los
Angeles
DEFENDANT ATTORNEY: Law Offices of Richard E. McCain By: Richard
E. McCain - Santa Ana
POLL: 9-3
FACTS: On July 12, 1982 pltf, a 42 year old truck driver, was
injured on a Disneyland ride. Near the
end of a ride known as "Autopia", pltf's car was rearended
causing his car to rearend the one in front
of him. Pltf was unable to speak; was confused and had to be
helped from his car. Pltf complained
of numbness in limbs and was admitted to a hospital three hours
later. Pltf claimed "Autopia"
vehicles were dangerous without head rests to protect the
occupants. Alleged "Autopia" riders had
suffered 1,000 injuries over the past 10 years, 230 of which
were neck related. Deft was aware of the
problem and should have remedied it.
DEFENSE: "Autopia" cars safe. Level of impacts sustained during
ride do not warrant head rests.
PLAINTIFF MEDICAL EXPERTS:
Richard Sullivant, General Practitioner, Torrance
PLAINTIFF EXPERTS:
Arnold Siegel, Accident Recon, Encino
Leonard LaCaze, Jr., Mechanical Engineer, Long Beach
James Schierholz, Economist, Los Angeles
DEFENDANT MEDICAL EXPERTS:
Lawrence Mongeon, Neurosurgeon, Fullerton
Allan Goldman, Neurologist, Santa Ana
DEFENDANT EXPERTS:
John McKibbon, Automotive Engineering, Irvine
OFFER: None; defense argued for a defense verdict.
DEMAND: $150,000; Pltf's atty asked the jury for $150,000
TRIAL TIME: 6 days
JURY TIME: 4 hours
PRESENTED IN CRA 1988 No. 17 Pg 17
RITA HARRIS vs DISNEYLAND
Case No. 26-58-03
Verdict Date: October 22, 1981
TOPIC: Trip & Fall at Disneyland
RESULT: Defendant (Verdict)
INJURY: Sprain, strain and bruises to hip and head.
SPECIALS: $2,500 (approx) total, all Chiro.
STATE: California
COUNTY: Orange
JUDGE: Flynn
PLAINTIFF ATTORNEY: Ronald Chrislip
DEFENDANT ATTORNEY: W. Mike McCray
POLL: 10-2
FACTS: This case first arbitrated for $15,000. Deft filed for
trial. Plf (50-employed at Monsanto),
while at Disneyland, tripped over a sprinkler and fell.
Defense: Contributory negligence; plf should not have been
walking in the flower bed. Assumed risk.
PLAINTIFF MEDICAL EXPERTS:
Harvey Dannis, Ortho Surg
Dr Solkemans, Chiro
DEFENDANT MEDICAL EXPERTS:
George Mc Can, Ortho
OFFER: None
DEMAND: $10,000
TRIAL TIME: 2 days
JURY TIME: 2 days
ROBERT RAISBECK, Plaintiff, by LOWELL JOHN DOSCH and ANDREW
DAVIS and RAY KOLTS
vs.
WALT DISNEY PRODUCTIONS, WALT DISNEY EDUCATIONS MEDIA CO., WALT
DISNEY
TELECOMMUNICATIONS AND NON-THEATRICAL CO., Defendants, by
WILLIAM BITTING and
KEVIN BROGAN (Hill, Farrer, et al.)
Case No. NCC23191B
Verdict Date: 7/7/86
TOPIC: CONVERSION, BREACH OF CONTRACT AND CONSTRUCTIVE FRAUD
RESULT: $442,800 (VERDICT)
STATE: California
AREA: Glendale
JUDGE: Schifferman
JURY POLL: Unknown
SUMMARY: 1981. Pltf., 78 year old producer. Pltf., brought a
film project to Disney involving
production of physical fitness films, endorsed by the Presidents
Council on Physical Fitness and
Sports; joint venture; Disney kicked pltf. out on a pretext and
took over project. Pltf. sued for breach
of contract, conversion and fraud. Pltf. alleges that contract
was breached, that a project that is taken
over was property subject to conversion, that defts. allowed
project to proceed until ready, then
attempted to get rid of their "partner". DEFENSE: Defts. argue
that pltf. breached the contract; that
the project was not property subject to conversion, that there
was no fraud. THIS WAS A
BIFURCATED CASE. THE SUBSIDIARY WAS DETERMINED TO BE SO
ENTWINED WITH WALT
DISNEY PRODUCTIONS THAT ALTER EGO WAS FOUND ($25,000,000 LOAN
FROM
SUBSIDIARY TO PARENT WITHOUT INTEREST; PARENT HOLDS COPYRIGHTS
ON ALL
SUBSIDIARY PRODUCTIONS)
INJURY: Financial injuries, loss of future earnings via a
percentage of the gross sales.
PLAINTIFF EXPERTS: John O'Neil, Ph.D., Statistics and Business
Projections (Cal Poly Pomona)
DEFENSE EXPERTS: In House Personnel and Accountants
OFFER: $20,000, Raised to $75,000 after Liability Determined
DEMAND: $250,000 before Trial
ROBERTS vs. WALT DISNEY PRODUCTIONS
Case No. 148618 Verdictum Juris No. 83-216D
Verdict Date: November 7, 1983
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Comminuted fracture right big toe.
SPECIALS: Medical - $475; L.O.E. - $200.
STATE: California
AREA: Orange County
JUDGE: Hon. B. Tam Nomoto - Dept. 312
PLAINTIFF ATTORNEY: Paul Konapelsky, Jr. (Law Offices of Marvin
Louis Wolf), Tustin
DEFENDANT ATTORNEY: Richard E. McCain (Law Offices of W. Mike
McCray), Newport Beach
POLL: 12-0
TITLE: Just Watching . . . Mark Twain's Steamboat
FACTS: On 7/19/80, the Pltf., age 24, was watching the Mark
Twain Steamboat. Suddenly his right
foot was run over by an attendant driving a "silver cart" which
was about 4' x 2' x 4'.
PLAINTIFF CLAIMED negligence on the operator of the "silver
cart."
DEFENDANT ARGUED they had no report of any accident. The injury
did not occur at Disneyland
but some time prior to his admittance to the park. Pltf. could
not identify the "phantom" cart or its
employee.
PLAINTIFF MEDICAL EXPERTS:
Dr. Ranbaum - Ear, Mose and Throat Specialist - Encino
OFFER: None
DEMAND: $2,600
ROBERT WINTERS vs (1) ANAHEIM POLICE DEPT AND (2)
DISNEYLAND
Case No. 26-68-84
Verdict Date: July 23, 1980
TOPIC: False Imprisonment
RESULT: Defendant #2 (Deft #1 dismissed) (Verdict)
STATE: California
COUNTY: Orange
JUDGE: Owens
PLAINTIFF ATTORNEY: Parkin & Woodland by F. Michael Woodland
DEFENDANT ATTORNEY: W. Mike McCray by John Walker
POLL: 10-2
FACTS: Plf (21) was detained for 2 hrs at Security Office at
Disneyland after being suspected of
being under the influence of alcohol or drugs. Plf was
subsequently arrested by Anaheim Police
Officers and tried on suspicion of being under influence of
narcotics. Charges were dismissed in
criminal case and plf alleged false imprisonment, intentional
infliction of emotional distress and
malicious prosecution vs deft #2.
Defense: Probable cause and right to detain. Plf was arrested by
Anaheim Police.
OFFER: None
DEMAND: None
RUSSELL V. WALT DISNEY WORLD
Case No. CI 92-966; LRP Publication No. 108976
Trial Date: February 1993
TOPIC: Premises Liability - Fall At Amusement Park
RESULT: $ 55,000 (Plaintiff Verdict)
Compensatory: $ 55,000 (Past Medical: $ 20,000; Pain and
Suffering: $ 35,000)
Plaintiff's Negligence: 50%
INJURY: Hip Fracture, Wrist Fracture
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
JUDGE: W. Rogers Turner
PLAINTIFF ATTORNEY: H. Clay Parker, IV, Orlando, FL; H. Joseph
McGuire, Orlando, FL
DEFENDANT ATTORNEY: James E. Glatt, Jr., Orlando, FL
FILING DATE: 01/92
SUMMARY: A 53-year-old female sustained a fractured left hip,
requiring surgery, and a fractured left
wrist when she slipped and fell on a large amount of water on
the floor of an entranceway to an
exhibition building at the defendant amusement park. The
plaintiff contended that the defendant either
had failed to post a warning sign or posted a warning sign that
could not have easily been spotted by
visitors. The plaintiff was found 50 percent negligent, and the
award was reduced accordingly.
PLAINTIFF EXPERTS:
Safety Expert: Jacobs, William, Ph.D., C.S.P., C.H.C.H., Fort
Lauderdale FL
DEFENDANT EXPERTS:
Engineer: Skull, William L., P.E., Tampa FL
PLAINTIFF PROFILE:
Age: 53
Sex: Female
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
OFFER: $ 20,000
DEMAND: $ 40,000
SALKIN vs. WALT DISNEY PRODUCTIONS
Case No. 295512 Verdictum Juris No. 83-72D
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Cervical and lumbar sprain.
SPECIALS: $1,700 Medical; $10,650 L.O.E.
STATE: California
AREA: Orange County
JUDGE: Hon. John L. Flynn, Jr. - Dept. 34
PLAINTIFF ATTORNEY: Dale Motley, Los Angeles
DEFENDANT ATTORNEY: John T. Walker (W. Mike McCray Office),
Newport
POLL: 11-1
TITLE: A Fall On Tom Sawyer's Island
FACTS: On 8/8/77, at about 7 p.m., the Pltf., a 26 year old
school teacher and aspiring actress, was
on Tom Sawyer's Island at Disneyland. She claimed there was a
depression in the dirt path.
However, it was covered up by loose dirt and could not be seen;
she claimed the Deft.'s employees
covered up the hole and created a trap. Deft. argued that the
Pltf. and her friends were detained on
the island for violating park rules. Pltf. asked one of the
security officers if they saw her fall and was
informed no witnesses saw the accident. Defts. claimed it was
doubtful if the accident ever occurred;
if it did, the Deft. had no notice of any defect.
PLAINTIFF MEDICAL EXPERTS:
Kenton S. Horacek - M.D. - Santa Monica
DEFENDANT MEDICAL EXPERTS:
None Called
OFFER: None
DEMAND: $6,000 awarded in arbitration
TRIAL TIME: 3
JURY TIME: 1 hour
SAN ANGELO vs. (1) WALT DISNEY CO.; (2) FALCON
DEMOLITION; (3) ZWIRNER
Case No. 514803 Verdictum Juris No. 89-197AB
Verdict Date: December 3, 1989
TOPIC: General Negligence
RESULT: $272,934 (verdict)
Pltf. found 10% negligent, Employer 20% negligent, Falcon 35%
negligent, and Zwirner 35%
negligent. Defnese verdict for Walt Disney. Net to Pltf.
$245,640.60
INJURY: L-5 fracture with spondylolysis; fusion at L-5, S-1;
musculoligamentous sprian of low back.
SPECIALS: $16,700 Medical; $89,615 L.O.E. ; $702,690 Fut. L.O.E.
; $94,000 Comp lien (not to jury)
STATE: California
AREA: Santa Ana
JUDGE: Hon. James P. Gray - Dept. 32
PLAINTIFF ATTORNEY: Clinton M. Hodges (Law Offices of John S.
Matthew), Sherman Oaks
DEFENDANT ATTORNEY: Robert H. Bergsten (Parker, Stanbury,
Babcock, Combs & Bergsten),
POLL: 10-2
TITLE: Wild Ride At Disneyland . . . On A Short Ladder
FACTS: On 6/4/86, the Pltf., a 24 year old ironworker, was
working for his employer, a subcontractor,
on the Space Simulator at Disneyland. Deft. Falcon was
demolishing a roof at the site. Pltf.'s
employer had an access ladder resting on that roof which was
tied at the top to secure it. Deft.
Zwirner, at Falcon's request, untied the ladder. Pltf. then
climbed up the ladder, unaware that it was
untied. Pltf. fell 20 feet onto his back.
PLAINTIFF CLAIMED Deft. Disney was negligent for failing to
inspect for safety violations. Zwirner
and Falcon were negligent for untying the ladder and failing to
retie it.
DEFENDANT ARGUED no negligence. Pltf. and his employer were
negligent for using too small a
ladder which required tying to be stable. Falcon never
requested that Zwirner untie the ladder.
Disney had no notice of the defective ladder. O'BRIEN'S
EVALUATOR
PLAINTIFF MEDICAL EXPERTS:
Kenneth Lay - Orthosurgeon - Paradise
PLAINTIFF TECHNICAL EXPERTS:
Jerry Hildreth - Construction - Tehachapi
Wayne Lancaster - Economist - Rosemead
DEFENDANT MEDICAL EXPERTS:
George McCan - Orthosurgeon - Newport Beach
DEFENDANT TECHNICAL EXPERTS:
Robert Blattenberg - Actuary - Irvine
INSURANCE COMPANY: Nationwide Insurance Co.
OFFER: $70,700
DEMAND: $840,000 new money
TRIAL TIME: 7 days
JURY TIME: 1 day
SAN ANGELO V ZWIRNER, FALCON DEMOLITION COMPANY AND WALT DISNEY
COMPANY
Case No. 51-48-03; LRP Publication No. 55219
Trial Date: December 1989
TOPIC: Employer Negligence - Construction Laborer
RESULT: $ 272,934 (Plaintiff Verdict)
Compensatory: $ 272,934
INJURY: Vertebra Fracture, Lumbar
SPECIALS: Claimed Past Medical Expense: $ 21,000
STATE: California (CA)
COUNTY: Orange
COURT: Superior
PLAINTIFF ATTORNEY: John Scott Matthew by Clinton M. Hodges,
Sherman Oaks, CA.
DEFENDANT ATTORNEY: Parker, Stanbury, et al. by Robert H.
Bergsten, Santa Ana, CA; Ure and
Peterson by William E. Rorie, Santa Ana, CA.
INCIDENT DATE: 06/85
SUMMARY: A 24-year-old male ironworker suffered a compression
fracture of L-5 causing
spondylosis and eventually requiring a fusion at L-5-S-1, after
he fell from an unsecured ladder. The
ladder was too short, and had to be secured to be used safely.
The plaintiff contended that the
defendant demolition company asked the defendant employee to
move the ladder. The plaintiff
contended that the defendant demolition company was negligent in
failing to secure the ladder again.
The plaintiff further contended that the other defendant company
was negligent in failing to inspect
the worksite. The defendants contended that the plaintiff's
employer was negligent in using a short
ladder, and that the risk of using the ladder must be assumed by
the plaintiff. The defendant company
contended that it did not know of the defective ladder, and that
risk must be assumed by the
independent contractors. The verdict was against the defendant
demolition company and defendant
employer only. The award was reduced to $ 191,054, because the
plaintiff was found 10 percent
negligent, and his employer, 20 percent negligent. Past Medical:
$ 21,000. Past and Future Wage: $
840,000.
PLAINTIFF MEDICAL EXPERTS:
Orthopedist: Lay, Kenneth, M.D., San Diego CA
PLAINTIFF EXPERTS:
Safety Engineer: Hildreth, Jerry, Tehachapi CA
Economist: Lancaster, Wayne, Ph.D., Fullerton CA
DEFENDANT MEDICAL EXPERTS:
Orthopedist: McCan, George, M.D., Newport Beach CA
DEFENDANT EXPERTS:
Actuary: Blattenberg, Robert, Irvine CA
OFFER: $ 70,000$ 70,000.
DEMAND: $ 640,000$ 640,000.
SANDRA LUCERO vs. WALT DISNEY CO.
Case No. 62 26 27; Tri-Service Reference No.
93-25-30
Verdict Date: March 4, 1993
TOPIC: Slip & Fall: Splash Mountain Ride at Disneyland
RESULT: Defense (verdict)
Defense
Arbitration: $20,000; Trial de Novo by Defense.
INJURY: Soft tissue injury to legs and spine.
SPECIALS: Medical Costs: $5,000 - $10,000
STATE: California
AREA: Orange
JUDGE: John Smith (Retired)
PLAINTIFF ATTORNEY: Mario Gonzalez, Montebello - (213) 721-2303
DEFENDANT ATTORNEY: Richard McCain, Santa Ana - (714) 731-2510
POLL: 12-0
FACTS: 10/6/89: Plaintiff, 30 year-old warehouse worker, was
with friends at Disneyland. Plaintiff
went on the Splash Mountain attraction and got soaking wet. She
exited the attraction with soggy
sandals, slipped and fell. She sustained injury to legs, knees,
back and neck.
PLAINTIFF CLAIMED Defendants should have done something to see
that water does not soak the
guests. They should have dry access areas.
DEFENDANT ARGUED Plaintiff slipped out of her sandals and no one
else was at fault.
PLAINTIFF TECHNICAL EXPERTS:
None Called
DEFENDANT TECHNICAL EXPERTS:
None Called
OFFER: None
DEMAND: $35,000 - $50,000
TRIAL TIME: 3 days
JURY TIME: 2 hours
SIRGADO V. WALT DISNEY WORLD CO., INC.
Case No. CI 91-10414; LRP Publication No. 106286
Trial Date: September 1992
TOPIC: Premises Liability - Fall In Amusement Park
RESULT: $ 290,000 (Plaintiff Verdict)
Compensatory: $ 260,000
Loss of Services: $ 30,000; Loss of Services By: Spouse
INJURY: Shoulder Fracture, Arm Nonfracture, Knee Contusion, Arm,
Arm
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
JUDGE: W. Rogers Turner
PLAINTIFF ATTORNEY: Gary Friedman, Coral Gables, FL
DEFENDANT ATTORNEY: Sutton G. Hilyard, Jr., Orlando, FL
INCIDENT DATE: 09/90; FILING DATE: 01/91
SUMMARY: A 75-year-old male suffered a fractured left shoulder
and bruises to the left arm and
knee when he fell while exiting an amusement ride in the
defendant theme park. The plaintiff was
partially out of a boat ride when the operator of the ride began
to move the boat without warning. The
plaintiff was pulled along and then fell, thus sustaining his
injuries. The defendant admitted liability.
ADDITIONAL INFORMATION: Defendant admitted liability.
PLAINTIFF MEDICAL EXPERTS:
Orthopedic Surgeon: Chiron, Harlan, M.D., Coral Gables FL
Orthopedic Surgeon: Puerto, Juan, M.D., Miami FL
DEFENDANT MEDICAL EXPERTS:
Orthopedic Surgeon: Broderick, Thomas, M.D., Orlando FL
PLAINTIFF PROFILE:
Age: 75
Sex: Male
Occupation: Retired
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
SOPHIE G. JACOBS vs. WALT DISNEY WORLD CO.
Docket No. CI 89-7966; FJVR Reference No.
92:6-70
Publication Date: June 1992
TOPIC: Amusement Park Accident - Falldown - Premises Liability -
Theme Park - Fall On Wheelchair
Ramp
RESULT: $ 80,000 for Plaintiff (verdict)
Plaintiff's Negligence: 65%; Defendant's Negligence: 35%
JUDGMENT: Entry of judgment and post trial motions are pending.
STATE: Florida
COUNTY: Orange
JUDGE: W. Rogers Turner
PLAINTIFF PROFILE: Age: 64
Occupation: Unemployed
PLAINTIFF ATTORNEY: George W. Salter and Arthur J. Ranson, III
of Wells, Morrison, et al.,
Orlando
DEFENDANT ATTORNEY: Carol S. Pacula, Lake Buena Vista
CAUSE OF INJURY: On April 15, 1987, at approximately 11:15 p.m.,
Plaintiff was at the Magic
Kingdom in Defendant's theme park during the Disney electric
light parade. The street lights in the
theme park were dimmed for the parade. As Plaintiff was crossing
a side street, her foot struck the
side of a wheelchair ramp that jutted five feet into an
otherwise flat brick street, causing her to fall.
Plaintiff contended Defendant was negligent in failing to
maintain the area around the wheelchair
ramp, failing to maintain an adequate level of lighting and
failing to correct an unreasonably
dangerous condition. Defendant contended Plaintiff testified
that she was not looking where she was
going at the time of the fall and that if she had, she would not
have hit the ramp the way that she did.
Defendant also contended that Plaintiff admitted that she has
sought no medical treatment since
August 1988. At the outset of trial, the court permitted
Plaintiff to amend her complaint to include
failure of the duty to warn on the part of Defendant, over
Defendant's objection.
NATURE OF INJURY: Rotator cuff tear with impingement syndrome,
adhesive capsulitis, and
osteoarthritis, acromioclavicular joint. On October 21, 1987,
Plaintiff underwent a Neer acromioplasty
of the left shoulder with resection of the distal clavicle,
rotator cuff repair to bone and left shoulder,
subacromial bursectomy of left shoulder, and manipulation of
left shoulder.
PLAINTIFF EXPERT WITNESSES:
Ronald C. Dale, Safety, Orlando
SOULANT V WALT DISNEY WORLD COMPANY
Case No. CI-85-9711; LRP Publication No. 32527
Trial Date: January 1988
TOPIC: Premises Liability - Fall At Amusement Park
RESULT: $ 10,000 (Plaintiff Verdict)
Compensatory: $ 10,000
INJURY: Loss Of Wife's Services
STATE: Florida (FL)
COUNTY: Orange
PLAINTIFF ATTORNEY: Steinberg & Stutin by Corey C. Stutin and
John Cummings, Orlando, FL.
DEFENDANT ATTORNEY: DeWolf, Ward, et al. by John H. Ward,
Orlando, FL.
SUMMARY: The husband of a 53-year-old seafood businesswoman
endured a loss of consortium
when his wife suffered a vertebral fracture and ligament sprains
after she slipped and fell on a wet
ramp at the defendant amusement park. The plaintiff contended
that the defendant had allowed a
large amount of dirt to accumulate and that this caused his
spouse's slip-and-fall following a
rainstorm. The defendant contended that the plaintiff's spouse
was comparatively negligent for failing
to use the provided haindrails. The award was reduced to $ 5,000
when the court found the plaintiff's
wife 50% comparatively negligent.
PLAINTIFF MEDICAL EXPERTS:
Orthopedic Surgeon: Llewellen, Raeburn, M.D., New Orleans LA
Orthopedic Surgeon: Cary, George,
M.D., New Orleans LA
General Practitioner: Bradburn, William, M.D., New Orleans LA
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
SOULANT V. WALT DISNEY WORLD CO.
Case No. CI-85-9711; LRP Publication No. 32527
Trial Date: January 1988
TOPIC: Premises Liability - Fall in Amusement Park
RESULT: $ 200,000 (Plaintiff Verdict)
Compensatory: $ 190,000
Loss of Services: $ 10,000; Loss of Services By: Spouse
INJURY: Vertebra Fracture
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
PLAINTIFF ATTORNEY: Corey C. Stutin, Orlando, FL; John Cummings,
Orlando, FL
DEFENDANT ATTORNEY: John H. Ward, Orlando, FL
FILING DATE: 01/85
SUMMARY: A 53-year-old businesswoman suffered a vertebra
fracture and ligament sprains when
she slipped and fell on a wet ramp at the defendant amusement
park. The plaintiff contended that the
defendant had allowed a large amount of dirt to accumulate on
the ramp thus causing the slip-and-fall
following a rainstorm. The defendant contended that the
plaintiff was comparatively negligent for
failing to use the provided handrails. The plaintiff was found
50 percent negligent, and the award was
reduced to $ 95,000. The plaintiff's husband received $ 10,000
for loss of services.
PLAINTIFF MEDICAL EXPERTS:
Orthopedic Surgeon: Llewellen, Raeburn, M.D., New Orleans LA
Orthopedic Surgeon: Cary, George,
M.D., New Orleans LA
General Practitioner: Bradburn, William, M.D., New Orleans LA
PLAINTIFF PROFILE:
Age: 53
Sex: Female
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
STONE vs. WALT DISNEY PRODUCTIONS
Case No. 37-73-03 Verdictum Juris No. 85-132A
Verdict Date: June 5, 1985
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Comminuted fracture of left kneecap which resulted in
full patellectomy; because of her
weakened knee Pltf. subsequently fractured her left ankle.
SPECIALS: $30,818 medical; $13,200 loss of earnings.
STATE: California
AREA: Orange County
JUDGE: Hon. Richard W. Luesebrink - Dept: 27
PLAINTIFF ATTORNEY: Kenneth J. Golden (Golden & Associates),
Westminster
DEFENDANT ATTORNEY: Richard E. McCain (Law Offices of Richard
McCain), Newport Beach
POLL: 10-2
TITLE: Beware Of The "Shadow". . . .
FACTS: In May of 1981 the Pltf., 47 years of age, went to
Disneyland with her husband (Pltf.) and two
of their friends. Their car was parked in the bus zone. As they
were walking from the car to the ticket
area, Pltf. saw a "shadow." She thought it was an asphalt area
under repair. She stepped on the
"shadow" which was actually a puddle of oil. She slipped and
fell fracturing her kneecap.
PLAINTIFF CLAIMED the Deft. was negligent for maintaining a
hazardous condition in the parking lot.
They failed to inspect the parking area where many guests are
known to walk every day.
DEFENDANT ARGUED it is their policy to exercise reasonable care
in maintaining the parking area
to avoid possible oil spill hazards.
PLAINTIFF MEDICAL EXPERTS:
C. Anthony Shen - Ortho. - Westminster
DEFENDANT MEDICAL EXPERTS:
John Howard - Ortho. - Los Angeles
OFFER: None
DEMAND: $839,018
SUE & KARL WIGGINS vs. WALT DISNEY WORLD CO.
Docket No. CI 86-8457; CI 86-8463; FJVR Reference
No. 90:3-58
Publication Date: March 1990
TOPIC: Amusement Park Accident - Assault & Battery - False
Arrest/False Imprisonment - Premises
Liability - Punitive Damages - Amusement Park Security Guard
RESULT: $ 1,000,000 for Plaintiffs (verdict)
Sue: $ 100,000 - compensatory damages; $ 300,000 - punitive
damages; Karl: $ 100,000
-compensatory damages; $ 500,000 - punitive damages
STATE: Florida
COUNTY: Orange
JUDGE: B.C. Muszynski
PLAINTIFF PROFILE: Karl
Age: 29
Occupation: Household Sales
Sue
Age: late 20's
Occupation: Household Sales
PLAINTIFF ATTORNEY: Dale O. Morgan and William E. Lawton of
Dean, Ringers, et al., Orlando
DEFENDANT ATTORNEY: John Ward of DeWolf, Ward, et al., Orlando
CAUSE OF INJURY: Plaintiffs Karl and Sue Wiggins, brother and
sister, were visiting Epcot Center at
Walt Disney World on February 18, 1986. After a friend of theirs
got in a fight they were asked to go
to the security office; they did so voluntarily. When Plaintiffs
attempted to leave thirty minutes later
they were stopped by security guards. Karl was tackled,
handcuffed and "hogtied" around his legs.
Sue was pushed down and knocked unconscious. Plaintiffs alleged
that they were falsely imprisoned
and battered and that Walt Disney World negligently trained or
supervised their guards.
NATURE OF INJURY: Sue: concussion, with residual headaches (no
medical testimony presented);
humiliation; pain and suffering; $ 122 in medical bills. Karl:
bruises and scrapes (healed within a few
weeks); humiliation; pain and suffering.
PLAINTIFF EXPERT WITNESSES:
George Kirkham, Ph.D., Criminology, Fla. State Univ.,
Tallahassee EDITOR'S NOTE: Defendant is
considering an appeal.
PLAINTIFF'S ATTORNEY'S COMMENTS: While Walt Disney World's
manual "looked" very good,
there was a lack of training or improper training contrary to
the manual. SUSAN D. HILL vs DISNEYLAND
Case No. 30-25-47
Verdict Date: October 19, 1983
TOPIC: DANGEROUS CONDITION AT AMUSEMENT PARK/PLTF STRUCK BY
GATE/FRACTURED BONE IN R/KNEE
RESULT: Defendant (Verdict)
INJURY: Fractured bone in R/ankle.
SPECIALS: $400 (approx) total, all MED.
STATE: California
COUNTY: Orange
JUDGE: Robinson
PLAINTIFF ATTORNEY: Michael Moustakas Law Offices by William
Perez
DEFENDANT ATTORNEY: W. Mike Mc Cray Law Offices by Richard Mc
Cain
POLL: 11-1
FACTS: This case first arbitrated for $2,250. Deft filed for
Trial de novo. Incident occurred 1-21-78 as
plf (28-housewife) was watching daughter on a ride in park. Plf
was allegedly struck by iron gate
when a patron exited and plf fell to the ground. Alleged deft
should have marked a warning on the
pavement to indicate that the gate swung outwards.
DEFENSE: Contended plf negligent for standing in front of exit
which was clearly designated. Plf had
sufficient time to notice that the painted gate swung outwards.
OFFER: None
DEMAND: $15,000
TRIAL TIME: 3 days
JURY TIME: 1 hr
Confidential Report For Attorneys - 1984 Vol 1 Pg 9
SUSSMAN vs. WALT DISNEY PRODUCTIONS
Case No. CV-80-5078-RJK Verdictum Juris No.
83-139D
Verdict Date: July 14, 1983
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Fractured skull, loss of smell and taste (partial). Can
no longer smell smoke or signs of
danger.
SPECIALS: Not to jury
STATE: California
AREA: L. A. Federal Court
JUDGE: Hon. Judge Kelleher - Dept. 21 (District Court)
PLAINTIFF ATTORNEY: Lee Wenzel (Morgan, Wenzel & McNicholas),
Los Angeles
DEFENDANT ATTORNEY: W. Mike McCray (Law Offices of W. Mike
McCray), Newport Beach
POLL: 6-0
TITLE: Oops . . . I Forgot My Sweater!
FACTS: On 11/22/80, the Pltf., a 42 year old housewife, and her
husband were on vacation from New
York. They stayed at the Disneyland Hotel. They were returning
to the hotel for lunch. In the
process of boarding the Disneyland Hotel tram at the main street
station, the Pltf. left her sweater on
a bench. She stepped off the tram as it was moving and fell.
PLAINTIFF CLAIMED Defts. should have an attendant riding at the
rear of the tram. The parking lot
trams have a rear attendant and can alert the driver of any
emergency. There was no buzzer or bell
to alert the driver.
DEFENDANT ARGUED the Pltf. intentionally stepped off the moving
tram in an attempt to retrieve
her sweater.
PLAINTIFF MEDICAL EXPERTS:
Richard Walter - Neurologist - UCLA
OFFER: None
DEMAND: $150,000 to jury
TRIAL TIME: 2 days
JURY TIME: 3 hrs.
SUZANNE HELLAND vs. THE WALT DISNEY COMPANY
Case No. 58 62 49
Verdict Date: May 5, 1992
TOPIC: Premises Liability
RESULT: Defense (verdict)
INJURY: Torn anterior cruciate ligament, torn lateral meniscus,
crushing injury to tibia fibula plate,
chrondalmachia of the patella.
SPECIALS: Medical Costs: $10,500 past, $10,000 future.; Loss of
Earnings: $19,000 past, $250,000
future.
STATE: California
AREA: Santa Ana
JUDGE: Richard N. Parslow
PLAINTIFF ATTORNEY: Theodore S. Wentworth, Irvine - (714)
752-7711
DEFENDANT ATTORNEY: Richard McCain, Santa Ana - (714) 953-4242
POLL: 10-2
TITLE: "It's A Small World" . . . But . . . A Big Plaintiff!
FACTS: 3/29/88: Plaintiff, 39 year-old secretary and minister,
went to Disneyland with her husband
and church choir. As she attempted to step into the boat at the
It's a Small World ride, she twisted
her right knee and ankle. The Plaintiff weighs 280 pounds. The
Plaintiff's injury disabled her from
employment, carrying on her duties as a minister and assisting
her husband in his church ministry.
PLAINTIFF CLAIMED the Defendant did not give appropriate
warnings as they approached the boat
dock. The boat was dispatched before she was properly seated.
The Defendant failed to timely
engage an emergency stop button.
DEFENDANT ARGUED the Plaintiff and her group were told to wait
at the aisle and board the next
boat. The Plaintiff's husband told her to get into a boat
already loaded, and she stepped into the
moving boat. The Plaintiff's injuries were due to her obesity.
PLAINTIFF TECHNICAL EXPERTS:
Venuto, Ralph - Orthopedic Surgeon - Newport Beach
Cerrone, John J. - Radiologist - Huntington Beach
DEFENDANT TECHNICAL EXPERTS:
McCan, George - Orthopedic Surgeon - Newport Beach
OFFER: Nothing
DEMAND: $75,000
TRIAL TIME: 4 days
JURY TIME: 1 hour
THOMPSON vs WALT DISNEY PRODUCTIONS
Case No. 399252; Verdictum Juris No. 11OR399252
Verdict Date: September 29, 1988
TOPIC: Premises Liability - Amusement Ride - Personal Injury
RESULT: Verdict For Defendant
INJURY: Herniated cervical disc; central spinal cord syndrome;
slight concussion.
Defendants disputed plaintiff's claimed injuries contending that
his injuries were related to an earlier
1980 accident and the normal aging process.
SPECIALS: Med - None in evidence; W/Loss $47,880 (including
interest)
STATE: Northern California
AREA: Orange County
JUDGE: Judge Richard Luesebrink
PLAINTIFF ATTORNEY: Ronald M. Papell, for Schlifkin & Papell, LA
DEFENDANT ATTORNEY: Richard Mc Cain, Santa Ana
POLL: Poll was 9 to 3. Jurors deliberated for 6 hours.
FACTS: On Jul 12/82, plaintiff (a 42yr old male truck driver),
passenger on the Autopia amusement
ride in Disneyland, was rearended by a car, propelling his car
into the car in front of him, where he
was once more rearended.
Following the collision, plaintiff went numb in his hand and
legs, could not speak and appeared
confused. He was hauled out of the car by a disneyland
employee. Feeling that his symptoms would
pass plaintiff walked away. Three hours later he reported the
accident and was taken to the hospital.
PLAINTIFF CLAIMED that: the "Autopia" vehicles were dangerous
and should have been equipped
with head rests; defendants were aware of injuries occurring; in
the last ten years there were 1,000
injuries and 230 were neck related.
DEFENDANTS CONTENDED that: the "Autopia" vehicles were safe;
head rests were unnecessary
due to low level of impact and would block the vision of
children; 3.5 million guests use the Autopia
each year and 1.4 million are adults.
PLAINTIFF MEDICAL EXPERTS:
Richard Sullivant, G.P., Torrance
PLAINTIFF TECHNICAL EXPERTS:
Arnold Siegel, Acci Recon, LA
Leo LaCaze, Jr., Mech Engr, Long Beach
Jms Scheirholtz, Economist, LA
DEFENDANT MEDICAL EXPERTS:
Lawrence Mongeon, Neuro-Surgeon
Alan Goldman, Neuro, Santa Ana
DEFENDANT TECHNICAL EXPERTS:
Jon McKibben, Automotive Engr, Irvine
OFFER: None
DEMAND: $100,000 (CCP998)
TRIAL TIME: 6 Day Trial
NOTE:Non-suit granted as to punitive damages.
THOMPSON vs. WALT DISNEY PRODUCTIONS
Case No. 39 92 52 Verdictum Juris No. 88-164A
Verdict Date: September 29, 1988
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Herniated cervical disc; central spinal cord syndrome;
slight concussion.
SPECIALS: No medical in evidence; $47,880 L.O.E. + interest.
STATE: California
AREA: Orange County
JUDGE: Hon. Richard Luesebrink - Dept. 26
PLAINTIFF ATTORNEY: Ronald M. Papell (Schlifkin & Papell), Los
Angeles
DEFENDANT ATTORNEY: Richard E. McCain (Law Office of Richard E.
McCain), Santa Ana
POLL: 9-3
TITLE: Headrests On Autopia Vehicles? . . . Nope!
FACTS: On 7/12/82, the Pltf., a 42 year old truck driver, and
four other persons went on the Autopia
ride in Disneyland. Near the end of the ride the Pltf. was
rearended and pushed into a car ahead.
Then he was rearended again. He went numb in both hands and
legs. He was "hauled" out of the
Autopia Mark VII vehicle by an employee. He thought his
symptoms would go away. Three hours
later he reported the accident and was taken to the hospital.
PLAINTIFF CLAIMED the Autopia Mark VII vehicle should be
equipped with head rests. In the last
ten years there were 1,000 injuries and 230 were neck related.
DEFENDANT ARGUED there is no need for headrests because the
impact is only a 3-4g level.
Headrests would block the vision of children. 3.5 million
guests use the Autopia each year and 1.4
million are adults. The court granted a Deft.'s motion for
nonsuit on the punitive damage issue. Pltf.'s
injuries were a result of a 1980 accident and normal aging
process and nothing else.
PLAINTIFF MEDICAL EXPERTS:
Dr. Richard Sullivant - M.D. - General Practice - Torrance
PLAINTIFF TECHNICAL EXPERTS:
Arnold Siegal - Accdt. Recon./Invst. & Design. - Los Angeles
Leonard LaCaze, Jr. - Volmer
Engineering - Los Angeles
James Scheirholtz - Economist - Los Angeles
DEFENDANT MEDICAL EXPERTS:
Dr. Lawrence Mongeon - Neurosurgeon (retired)
Dr. Alan Goldman - Neurologist - Santa Ana
DEFENDANT TECHNICAL EXPERTS:
Jon McKibben - Automotive Engineering - Irvine
OFFER: Nothing
DEMAND: $100,000 (CCP998)
TRIAL TIME: 6
JURY TIME: 6 hours
THOMPSON V WALT DISNEY PRODUCTIONS
Case No. 39-92-52; LRP Publication No. 42933
Trial Date: September 1988
TOPIC: Premises Liability - Accident At Amusement Park
RESULT: Defense Verdict
INJURY: Damage Disc
STATE: California (CA)
COUNTY: Orange
COURT: Superior
PLAINTIFF ATTORNEY: Schlifkin and Papell by Ronald M. Papell,
Los Angeles, CA.
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana, CA.
INCIDENT DATE: 07/82
SUMMARY: A 42-year-old male truck driver suffered a slight
concussion, a herniated disc, and
possible central cord syndrome, when he was riding a ride at
defendant's amusement park. Near the
end of the ride, the plaintiff's ride car was struck from
behind, pushing his car into another car. The
plaintiff contended that the vehicles were defective because
they should have been equipped with
headrests and that the defendant knew that the ride was
dangerous because many people had been
injured previously on that ride. The defendant contended that
the ride was safe. Past Wage: $ 47,880.
Future Wage: $ 72,756.
PLAINTIFF MEDICAL EXPERTS:
General: Sullivant, Richard, M.D., Torrance CA
DEFENDANT MEDICAL EXPERTS:
Neurosurgeon: Mongeon, Lawrence, M.D., Fullerton CA
Neurologist: Goldman, Alan, M.D., Santa Ana CA
DEFENDANT EXPERTS:
Reconstructionist: McKibben, Jon, Santa Ana CA
DEMAND: $ 100,000.
VENEMA V. DISNEYLAND
Case No. 709923; LRP Publication No. 136609
Settlement Date: August 1994
TOPIC: Premises Liability - Accident at Amusement Park
RESULT: $ 180,000 (Settlement During Trial)
INJURY: Partial Hearing Loss, Ear
STATE: California (CA)
COUNTY: Orange
COURT: Superior
JUDGE: Thomas M. Thrasher
PLAINTIFF ATTORNEY: William G. Baumgaertner, Santa Monica, CA;
Elizabeth A. Livesay, Santa
Monica, CA
DEFENDANT ATTORNEY: Stephen T. Waimey, Los Angeles, CA
INCIDENT DATE: 05/92
SUMMARY: A 36-year-old self-employed female suffered permanent
hearing damage to the auditory
nerves with injuries including hyperacusis, tinnitus, and
recruitment syndrome when a 4 ounze black
powder charge was fired from a cannon at the defendant amusement
park. The plaintiff is required to
wear ear plugs to muffle or reduce noise levels and can not
listen to music, confront normal
household noises, and has difficultly operating her day-care
center. The defendant knew that
previous sound pressure level meter readings showed that the
blast was greater than 140 decibels
but failed to correct the problem. The plaintiff informed the
defendant of her injury a few days later
and was asked to be examine by the defendants independent
physicians, who concluded that the
plaintiff did suffered a hearing impairment consistent with
hyperacusis, but the defendant failed to
settle with the plaintiff. The defendant instead made an offer
to the plaintiff and fired its' claim
representative. The defendant maintained that the plaintiff's
problems were emotional and that the
plaintiff's attorney should be disqualified because he had
obtained confidential information.
PLAINTIFF MEDICAL EXPERTS:
Otolaryngologist: Flashman, Tom A., M.D., Beverly Hills CA
PLAINTIFF EXPERTS:
Industrial Hygienist: Allan, Ralph M., Irvine CA
DEFENDANT MEDICAL EXPERTS:
Otologist: Glorig, Aram, M.D., Los Angeles CA
DEFENDANT EXPERTS:
Industrial Hygienist: Walker, Bruce E., Ph.D., San Francisco CA
Industrial Safety Expert: Cohen, Joel
M., San Mateo CA
Pyrotechnics Expert: Helgason, Richard Lee, Anaheim CA
PLAINTIFF PROFILE:
Age: 36
Sex: Female
Occupational Field: Services-Private Households
Occupation: Executive Management
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
WALT DISNEY PRODUCTIONS vs CASNER CONSTRUCTION
CO.
Case No. NCC-142658
Verdict Date: February 18, 1981
TOPIC: Comp Lien Recovery (Construction Accident)
RESULT: Defendant (Verdict)
STATE: California
COUNTY: Los Angeles
JUDGE: Murphy
PLAINTIFF ATTORNEY: Douglas Hindley
DEFENDANT ATTORNEY: Stearns & Nelson by Thomas Draper
POLL: 12-0
FACTS: During a construction accident at Disney Studios, on 29
June 1976, plf's employee was
injured when deft dropped a board from 40' above, hitting plf's
employee on the head. Employee's
case settled for $175,000. Plf, self-insured, filed this suit
seeking Comp Lien recovery of $34,667. Plf
alleged there was a written indemnity agreement between plf and
deft. Res Ipsa Instr given.
Defense: Indemnity agreement did not cover active negligence.
Plf, as employer, was negligent.
Jury found plf 70% negligent & deft 30% negligent. Therefore,
no recovery under theory of Arbaugh
Case.
PLAINTIFF EXPERTS:
None Called
DEFENDANT EXPERTS:
H.J. Koonz, Safety Engr
OFFER: None
DEMAND: $20,000
TRIAL TIME: 3 days
JURY TIME: 1.5 hrs
WARYAS V. THE WALT DISNEY WORLD CO.
Case No. CI 91-5456; LRP Publication No. 79203
Trial Date: January 1992
TOPIC: Premises Liability - Accident At Amusement Park
RESULT: $ 200,000 (Plaintiff Verdict)
Compensatory: $ 200,000
Plaintiff's Negligence: 40%
INJURY: Foot Fracture
SPECIALS: Claimed Past Medical Expense: $ 12,280; Claimed Past
Wage Expense: $ 18,225;
Claimed Future Wage Expense: $ 377,466
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
PLAINTIFF ATTORNEY: John R. Darin, II, Orlando, FL
DEFENDANT ATTORNEY: Sutton G. Hilyard, Jr., Orlando, FL
INCIDENT DATE: 04/91
SUMMARY: A 51-year-old male truck driver suffered a cuboid
avulsion fracture to the second, third,
and fourth metatarsals of the right foot when the defendant
theme park's employee drove over the
plaintiff's foot with a forklift. The plaintiff underwent open
reduction and is restricted to sedentary work.
The plaintiff contended that the defendant's employee was
negligent in operating the forklift. The
defendant contended that the plaintiff was negligent in that he
failed to keep a safe distance from the
forklift. The plaintiff was found 40 percent negligent, and the
$ 200,000 award was reduced to $
120,000.
PLAINTIFF MEDICAL EXPERTS:
Family Practitioner: Wilkerson, Leonard, M.D., Kissimmee FL
Orthopedic Surgeon: Henningsen,
Harold, M.D., Kissimmee FL Vocational Rehabilitationist: Hall,
Richard, C.R.C., Winter Park FL
PLAINTIFF EXPERTS:
Actuary: Moore, Charles, Daytona Beach FL
DEFENDANT MEDICAL EXPERTS:
Orthopedics Expert: Broderick, Thomas, M.D., Orlando FL
PLAINTIFF PROFILE:
Age: 51
Sex: Male
Occupational Field: Transportation-Trucking and Warehousing
Occupation: Skilled Laborer
DEFENDANT PROFILE:
Age: n/a
Sex: Organization
Race: n/Asian
Occupational Field: n/a
Occupation: n/a
Insurance: n/a
Policy Limit: n/a
Defendant Type: Single Organization
Organization Type: Services-Amusement and Recreation
WENDY BRENNAN vs. THE WALT DISNEY COMPANY
Case No. B54479; Tri-Service Reference No.
92-39-16
Verdict Date: September 2, 1992
TOPIC: Pedestrian Hit by Ride Inside Disneyland
RESULT: Defense (verdict)
Defense
Arbitration: $8,500; Trial de Novo by Plaintiff
INJURY: Chip fracture to left ankle, left ankle sprain,
resulting tendinitis to left knee. Residuals:
Continuing pain but admits to post-recovery activities such as
horseback riding, jet skiing, water
skiing, hiking, etc.
SPECIALS: Medical Costs: $28,359; Loss of Earnings: $1,500
STATE: California
AREA: Fullerton Municipal
JUDGE: Charles Farano
PLAINTIFF ATTORNEY: Benjamin L. Hecht (Goodman & Hecht), Tarzana
- (818) 996-8903
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana - (714)
953-4242
POLL: 11-1
FACTS: 5/2/87: Plaintiff, 18 year-old pizza delivery person, was
walking down Main Street at
Disneyland. While talking to a friend on her right, she walked
into a moving antique fire engine. The
fire engine was proceeding in the opposite direction of
Plaintiff at approximately 2-3 mph. Plaintiff fell
to the front left side of the truck and sustained a chip
fracture and sprain to the left ankle.
PLAINTIFF CLAIMED the driver of the fire truck was pre-occupied
and not focusing on the pedestrian
traffic in front of him.
DEFENDANT ARGUED Plaintiff admittedly was not paying attention
to where she was walking.
Plaintiff walked into the truck versus the truck impacting
Plaintiff.
PLAINTIFF TECHNICAL EXPERTS:
None - all medical bills were admitted pursuant to stipulation.
DEFENDANT TECHNICAL EXPERTS:
Papini-Chapla, Richard - Accident Reconstruction - Huntington
Beach OFFER: None
DEMAND: $15,000 raised to $25,000 at trial.
TRIAL TIME: 2 days
JURY TIME: 30 minutes
WIGGINS V. WALT DISNEY WORLD CO.
Case No. CI 86-8457,CI 86-8463; LRP Publication No.
0053728
Trial Date: January 1990
TOPIC: False Arrest - Service Group As Defendant
RESULT: $ 1,000,000 (Plaintiff Verdict)
Compensatory: $ 1,000,000
INJURY: Concussion
SPECIALS: Claimed Past Medical Expense: $ 122
STATE: Florida (FL)
COUNTY: Orange
COURT: Circuit
PLAINTIFF ATTORNEY: Dean, Ringers, et al. by Dale O. Morgan and
William E. Lawton, Orlando,
FL.
DEFENDANT ATTORNEY: DeWolf, Ward, et al. by John Ward, Orlando,
FL.
INCIDENT DATE: 02/86
SUMMARY: A married couple in their 20s, both salespersons, were
detained, battered, and tied up
after one of their friends got into a fight at an amusement
park. The wife was knocked unconscious
and suffered a concussion. The plaintiffs contended that they
were falsely imprisoned, assaulted, and
battered, and that the defendant was negligent in the training
and supervision of its guards. The
defendant contended that its guards were well-trained and
presented a thorough training manual in
the effort to substantiate that claim.
PLAINTIFF EXPERTS:
Police Procedures Expert: Kirkham, George Lester, Ph.D.,
Tallahassee FL WILLIAM WARYAS vs. THE WALT DISNEY WORLD CO.
Docket No. CI 91-5456; FJVR Reference No.
92:3-69
Publication Date: March 1992
TOPIC: Amusement Park Accident - Motor Vehicles - Premises
Liability - Theme Park - Fork Lift
Striking Truck Driver
RESULT: $ 200,000 for Plaintiff (verdict)
Plaintiff's Negligence: 40%; Defendant's Negligence: 60%
JUDGMENT: $ 120,000 for Plaintiff.
STATE: Florida
COUNTY: Orange
JUDGE: Joseph P. Baker
PLAINTIFF PROFILE: Age: 51
Occupation: Truck Driver
PLAINTIFF ATTORNEY: John R. Darin, II of Darin & Gerjel,
Maitland
DEFENDANT ATTORNEY: Sutton G. Hilyard, Jr. of Eubanks, Hilyard,
et al., Orlando
CAUSE OF INJURY: On April 23, 1991, Plaintiff was making a
delivery on Defendant's property on
the Typhoon Lagoon dirt service road. After Plaintiff's truck
was unloaded, he asked one of
Defendant's employees, who was operating a fork lift, for
assistance in putting the side boards back in
the center of the truck. Defendant's employee agreed, and before
Plaintiff could step away,
Defendant's employee struck him with the rear wheel of the fork
lift, injuring his right foot. Plaintiff
contended Defendant's employee was negligent in the operation of
the fork lift. Defendant contended
Plaintiff was negligent in failing to remain a safe distance
from the fork lift.
NATURE OF INJURY: Dr. Henningsen: Lisfranc injury with cuboid
avulsion fracture to second, third,
and fourth metatarsals of right foot. Plaintiff underwent open
reduction with a resection arthroplasty of
the second, third, and fourth PIP joints in an attempt to
correct chronic dislocations of the second,
third, and fourth metatarsals. Plaintiff's main problem in the
future will be the increased propensity
toward arthritic changes in the bones of the mid-foot. Plaintiff
was released for sedentary work only
with no walking over 100 yards per hour and has sustained a
permanent impairment.
PLAINTIFF EXPERT WITNESSES:
Leonard A. Wilkerson, M.D., Family Practice, Kissimmee (depo)
Harold A. Henningsen, M.D.,
Orthopedic Surgery, Kissimmee
Richard B. Hall, C.R.C., Vocational Rehabilitation, Winter Park
Charles Moore, Actuary, Daytona
Beach
DEFENDANT EXPERT WITNESSES:
Thomas J. Brodrick, M.D., Orthopedic Surgery, Longwood
PLAINTIFF'S ATTORNEY'S COMMENTS: Defendant has indicated payment
of the judgment is
forthcoming. Prior to trial, Defendant indicated it would offer
$ 100,000 if Plaintiff would accept it.
WILMA RUSSELL vs. WALT DISNEY WORLD
Docket No. CI 92-966; FJVR Reference No. 93:3-65
Verdict Date: February 5, 1993; Publication Date:
March 1993
TOPIC: Amusement Park Accident - Falldown - Slip - Theme Park -
Water In Entrance Way
RESULT: $ 55,000 for Plaintiff (verdict)
($ 20,000 - past medical expenses; $ 35,000 - past pain and
suffering).
Plaintiff's Negligence: 50%; Defendant's Negligence: 50%
JUDGMENT: Entry of judgment is pending.
STATE: Florida
COUNTY: Orange
JUDGE: W. Rogers Turner
PLAINTIFF PROFILE: Age: 53
PLAINTIFF ATTORNEY: H. Clay Parker, IV and Joseph McGuire of
Parker, Johnson, et al., Orlando
DEFENDANT ATTORNEY: James E. Glatt, Orlando
CAUSE OF INJURY: Plaintiff was entering the Universe of Energy
building at EPCOT when she
slipped and fell on a large amount of water that had been
allowed to remain on the floor of the
entrance way. Issue at trial was whether Defendant had posted a
warning sign, or if there was a sign,
whether it could be easily seen by individuals entering the
building.
NATURE OF INJURY: Broken left hip requiring surgery and broken
left wrist. William Skull testified as
to the co-efficient of friction.
PLAINTIFF EXPERT WITNESSES:
William Jacobs, Ph.D., P.E., Safety, W. Palm Beach
DEFENDANT EXPERT WITNESSES:
William L. Skull, P.E., Engineer, Tampa
EDITOR'S NOTE: Prior to trial, Defendant offered $ 20,000.
PLAINTIFF'S ATTORNEY'S COMMENTS: H. Clay Parker: All post-trial
motions were denied. Plaintiff
is considering whether to file an appeal as to zero award for
damages as to future pain and suffering.
WINHOVEN vs. WALT DISNEY PRODUCTIONS
Case No. 32 91 98 Verdictum Juris No. 83-81B
Verdict Date: April 19, 1983
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: Comminuted fracture of right wrist.
SPECIALS: Medical - $2,426.74; L.O.E. - $2,400
STATE: California
AREA: Orange County
JUDGE: Hon. Mark Robinson - Dept. 34
PLAINTIFF ATTORNEY: Cecil Ricks, Annette L. Anderson (Cecil
Ricks Law Corporation), Anaheim
DEFENDANT ATTORNEY: W. Mike McCray (Law Offices of W. Mike
McCray), Newport Beach
POLL: 11-1
TITLE: A Story Book . . . . Slip & Fall
FACTS: On 2/21/79, the Pltf., a 47 year old Practical nurse, was
in Fantasyland on the Storybook
Ride. It was raining when she got off the ride. The pavement
was slippery and she fell. She caught
herself with her right hand.
PLAINTIFF CLAIMED the pavement was slick and wet with no
warnings posted by Disneyland.
DEFENDANT ARGUED the pavement was well within the coefficient of
friction standards and is
coated twice a year with an abrasive.
PLAINTIFF MEDICAL EXPERTS:
Dr. Krijger - Orthopedist - Garden Grove
PLAINTIFF TECHNICAL EXPERTS:
T. P. Eskridge - Recon., Truesdail - Los Angeles
OFFER: None
DEMAND: $104,926.74 at M.S.C. - lowered to $50,000 at trial.
TRIAL TIME: 3 days
JURY TIME: 4 hours
WOOD V DISNEY
LRP Publication No. 32683
Trial Date: January 1987
TOPIC: Premises Liability - Accident at Amusement Park
RESULT: $ 75,000 (Plaintiff Verdict)
Compensatory: $ 75,000
INJURY: Lumbar Strain
STATE: Florida (FL)
COURT: Supreme
SUMMARY: A female suffered a back injury at the defendant
amusement complex after her husband
rammed her miniature racing car from the rear with another car.
The plaintiff contended that the
defendant amusement park was liable for her husband's 85% share
of the negligence in addition to its
one-percent share of the negligence. The plaintiff contended
that this was based upon state joint-
and-several liability legislation. The court had found the
plaintiff 14% contributively negligent, the
plaintiff's defendant husband 85% negligent, and the defendant
amusement park one-percent
negligent. The award was reduced to $ 64,500 for the plaintiff's
contributory negligence.
(1) CLARENCE REYNOLDS (2) ELLEN REYNOLDS AND (3) MARK
YORBERvs (1)
DISNEYLAND, (2) JAMES O'DRISCOLL, (3) PALM HARBOR HOSPITAL AND
(4) WALT DISNEY
PRODUCTIONS
Case No. 353715
Verdict Date: July 23, 1986
TOPIC: PREMISES LIABILITY - NEGLIGENT SUPERVISION OF DISNEYLAND
PARK/STABBING/WRONGFUL DEATH
RESULT: $600,000 vs deft 1 & 4, deft 2 & 3 dismissed out.
(Motion for New Trial-deft-8-4-86)
(Verdict)
INJURY: Wrongful death by stabbing
STATE: California
COUNTY: Orange
JUDGE: Jerrold S. Oliver
PLAINTIFF ATTORNEY: Lais & Luetto Law Office by John A. Luetto
(Santa Ana)
DEFENDANT ATTORNEY: Deft 1 & 4: Richard E. McCain Law Offices by
Richard E. McCain
(Newport Beach)
POLL: (12-0 liability, 9-3 damages)
FACTS: Pltfs are step father, mother and brother of decedent.
Incident arose out of an altercation
between decedent (18-student) and another youth while attending
a private Rohr Corporate party at
Disneyland on 3-7-81. Decedent allegedly offended deft #2's
girlfriend which angered deft #2. Deft #2
began stabbing the decedent repeatedly with an 8 1/2 inch
hunting knife. Decedent was treated by
first aid personnel and taken to Deft #3 Hospital where he later
died. Alleged negligent supervision of
park. Also alleged deft #1 failed to adopt proper security
regulations or follow written emergency
medical procedures.
DEFENSE: Contended security was adequate; medical staff
responded in reasonable manner;
decedent would not have survived stab wounds.
PLAINTIFF MEDICAL EXPERTS:
Robert Heilig, R.N./J.D./ Emergency Exp., Montana
Kenneth Ransom, Trauma Surg, Long Beach
DEFENDANT MEDICAL EXPERTS:
Robert Barrows, ER Phys, Orange
Lewis A. Taucher, Cardio Vas Surg, Santa Ana
OFFER: None made
DEMAND: $100,000 stat
TRIAL TIME: 12 days
JURY TIME: 3 hrs
(1) D. HAKES; (2) J. HAKES; (3) D. HAKES, JR.; (4)
J. CARRELL; (5) H. HAKES vs. WALT
DISNEY PRODUCTIONS INCORPORATED
Case No. 27-33-04 Verdictum Juris No. 81-94A
Verdict Date: August 14, 1981
TOPIC: Premises Liability
RESULT: Defendant (verdict)
INJURY: All parties - Cervical Sprain.
SPECIALS: Combined Medical - $7,800 for chiropractor & $2,200
L.O.E. for Pltf. (1).
STATE: California
AREA: Orange County
JUDGE: Hon. Ronald Kline (PRO TEMPORE) - Dept. 34
PLAINTIFF ATTORNEY: Kenneth A. Roberts, Westminster
DEFENDANT ATTORNEY: W. Mike McCray, Newport
POLL: 12-0
TITLE: Rearenders In Autopias Don't Count!
FACTS: On 8/11/76, the Pltfs., 3 adults and 2 children, were
riding the Autopia cars at Disneyland.
An 8 year old boy rearended one of their cars and pushed it into
the others. Pltfs. claimed the 8 year
old was too young to operate the car and the Deft. was negligent
for allowing him to do so. Deft.
denied any negligence; no proximate cause and no injury.
PLAINTIFF MEDICAL EXPERTS:
William Yarwood - Chiropractor - Huntington Beach
DEFENDANT TECHNICAL EXPERTS:
Harrison Brink - Accident Reconstruction-Van Nuys
OFFER: None
DEMAND: $17,500
TRIAL TIME: 4
JURY TIME: 1 hour
(1) DAVID & (2) MYRNA HAYNES vs WALT DISNEY
PRODUCTIONS
Case No. 30-12-64
Verdict Date: March 2, 1981
TOPIC: Injury at Amusement Park
RESULT: Defendant (Verdict)
INJURY: #1-Claimed neck and back. #2-Claimed neck & back
w/headaches.
SPECIALS: $6,000 (#1), $2,000 (#2) Chiropractic treatments,
$1,700 LE (#1).
STATE: California
COUNTY: Orange
JUDGE: Charamza
PLAINTIFF ATTORNEY: Weisenberg, Nelson, Viefhaus & Lutes by John
Nelson
DEFENDANT ATTORNEY: W. Mike McCray
POLL: 12-0
FACTS: In 1977, plfs, husband & wife, along w/their daughter,
were attempting to board Astro Jet ride
at Disneyland. Plf #1 (40-truck driver) was half in and half
out of the jet when the ride started
prematurely. Plf #1 allegedly fell and ended up hanging on the
bar which went from the center of the
ride out to the jet and hung there for the entire 1 min 32 sec
ride. Plf #2 (late 30's-housewife) had one
foot on ground and one foot on the step and allegedly fell back
to the ground and hit hard. Ride was
started prematurely when another rider reached behind the ride
operator, who was giving pre-ride
instructions, and pushed the start button. Plf's daughter was
already in the jet so she was not injured.
Defense: No negligence; no reason to anticipate anyone would
start the ride; no similar incidents.
Disputed nature and extent of injuries; no proximate cause.
PLAINTIFF MEDICAL EXPERTS:
L.R. Nelson, Chiro
DEFENDANT MEDICAL EXPERTS:
George McCan, Ortho
OFFER: $6,500 pkg at MSC
DEMAND: $20,000 pkg at MSC; $15,000 pkg at trial
(1) DOSS; (2) GARRETT vs. DISNEYLAND
Case Nos. 40 93 83 & 42 24 85 Verdictum Juris No.
86-40C
Verdict Date: February 25, 1986
TOPIC: False Arrest/Imprisonment/Assault & Battery
RESULT: Defendant (verdict)
INJURY: Emotional distress
SPECIALS: Not to jury
STATE: California
AREA: Orange County
JUDGE: Hon. David Sills - Dept. 27
PLAINTIFF ATTORNEY: B. Allen Millstone (Millstone, Berman &
Wechsler), Beverly Hills
DEFENDANT ATTORNEY: Richard E. McCain, Santa Ana
POLL: 12-0
TITLE: Loaded With Beer . . . . On Space Mountain
FACTS: On 2/19/83, the Pltfs. Doss & Garrett, age 16 and 17,
were at Disneyland with a friend, Jim
Higgins. All three boys drank 2-3 tall cans of Magnum Malt
Liquor. Then they decided to go on the
Space Mountain ride. Jim Higgins was injured on the ride, then
Space Mountain was shut down.
Doss and Garrett were detained by security and local police.
PLAINTIFFS CLAIMED they were unreasonably detained for
investigation purposes. They had done
no wrong; they were not allowed a phone call or allowed to go to
the bathroom.
DEFENDANTS ARGUED that security had spotted the Pltfs. urinating
in the parking lot and were
asked to leave. After Jim's accident they refused to cooperate
with security and appeared
intoxicated. All proceedings proper under the circumstances.
OFFER: Nothing
DEMAND: $360,000
TRIAL TIME: 4 1/2 days
JURY TIME: 2 1/2 hours
N.B. Prior arbitration award - $1,000 for each Pltf. Higgins
was injured on the Space Mt. ride and lost
his Products Lia. case in a separate action. (1) GARCIA; (2) CONTRERAS vs. WALT DISNEY
PRODUCTIONS
Case No. 32 86 16 Verdictum Juris No. 85-27D
Verdict Date: February 1, 1985
TOPIC: False Arrest/Assault & Battery
RESULT: Defendant (verdict)
INJURY: Emotional distress; humiliation; embarrassment; damage
to reputation.
SPECIALS: Legal fees; loss of personal property.
STATE: California
AREA: Orange County
JUDGE: Hon. Jack Mendel - Dept. 26
PLAINTIFF ATTORNEY: William P. Imperial (Law Offices of Robert
P. Finn), Los Angeles
DEFENDANT ATTORNEY: Richard E. McCain (McCray, McCain & Walker),
Newport Beach
POLL: None
TITLE: Shopkeeper's Privilege . . . In "Never, Never Land"
FACTS: On April 29, 1979 the Pltfs., 26 and 27 years of age,
were housewives visiting Disneyland.
They were observed by security taking out 2 plastic figures from
the Character Shop without
payment. They were stopped and detained at the security office.
They were unable to produce
receipts for the merchandise. The Anaheim police were called.
The Pltfs. were cited for petty theft.
At the criminal trial the charges were dropped when the Pltfs.
presented receipts.
PLAINTIFFS CLAIMED the Defts. failed to properly investigate or
ask the Pltfs.'s husbands who
actually purchased the plastic figures. Instead the Defts.
arrested the Pltfs. The husbands had the
receipts all the time.
DEFENDANTS ARGUED they exercised a lawful shopkeeper's privilege
to stop and detain the Pltfs.
They were unable to produce receipts. The husbands were also in
the security area with their wives.
No one ever produced any proof of purchase. The Defts. then
cited and escorted them from the park.
OFFER: Nothing
DEMAND: $1,500,000 (Property plus punitive)
TRIAL TIME: 5
JURY TIME: 1/2 day
(1) MARY E. AND (2) PETER PARSONESE vs WALT
DISNEY PRODUCTION
Case No. 392039
Verdict Date: December 18, 1985
TOPIC: SLIP & FALL (Disneyland Jungle Boat Swayed-Rotator Cuff
Tear)
RESULT: Defendant (Verdict)
INJURY: Claimed L/shoulder rotator cuff tear w/surgery and
residual loss of use.
SPECIALS: $5,700 MED, minimal future MED.
STATE: California
COUNTY: Orange
JUDGE: Richard Luesebrink
PLAINTIFF ATTORNEY: Jerome J. Cohen Law Offices (Santa Monica)
DEFENDANT ATTORNEY: Richard E. McCain Law Offices (Santa Ana)
POLL: 12-0
FACTS: Incident occurred on 7-22-82 when pltf (66-retired) and
her husband were on a visit to
Disneyland and in the process of exiting from the Jungle Boat
ride. Alleged she was hurried off the
boat by an attendant and either stumbled or slipped and fell.
Further alleged there should have been
a handrail.
DEFENSE: No liability; pltf fell on dock after clearing the
Jungle Boat. Deft had adequate staff to
accomodate guest attendance. Pltf had been on boats prior and
knew that the boats swayed;
attendant assisted guests out of boat.
PLAINTIFF MEDICAL EXPERTS:
Lloyd A. Hurley, Ortho Surg, Albuquerque, NM
DEFENDANT MEDICAL EXPERTS:
None called
OFFER: None made
DEMAND: $175,000
TRIAL TIME: 3 days
JURY TIME: 45 mins
Confidential Report For Attorneys: 1986 No 3 Pg 21
(1) MELINDA GARCIA AND (2) ALICE CONTRERAS vs (1)
DONNA GASTON
AND (2) WALT DISNEY PRODUCTIONS
Case No. 32-86-16
Verdict Date:February 1, 1985
TOPIC: FALSE ARREST, ASSAULT & BATTERY, INTENTIONAL INFLICTION
OF EMOTIONAL
DISTRESS
RESULT: Defendants (Verdict)
INJURY: Emotional distress due to the malicious prosecution,
false arrest, assault and battery,
humiliation and embarrassment.
SPECIALS: Legal fees for criminal proceedings, loss of personal
property items accused of stealing
($40.00).
STATE: California
COUNTY: Orange
JUDGE: Jack Mandel
PLAINTIFF ATTORNEY: William P. Imperial (LA)
DEFENDANT ATTORNEY: McCray, McCain & Walker by Richard McCain
(Newport Beach)
POLL: No poll taken
FACTS: Incident occurred at Disneyland on 4-29-79. Pltfs (26 and
27-both unemployed) were
observed by deft #1, a security officer, taking a couple of
plastic figures from the Character Shop.
Security officer stopped them and they were detained at the
security office as they were unable to
produce receipts for the 4 items. The Anaheim police were called
and pltfs were cited for petty theft
and asked to leave. At a subsequent criminal trial, the receipts
were produced and the charges
dropped. Claimed deft failed to properly investigate or ask
husbands for the receipts for the
merchandise.
DEFENSE: Contended deft acted reasonably in stopping and
detaining pltfs. Claimed husbands
unable to produce receipts while in security office.
OFFER: None
DEMAND: $1.5 million during Trial including compensatory and
punitive damages.
TRIAL TIME: 5 days
JURY TIME: 1/2 day
PRESENTED IN CRA 1985 No. 6 Pg 11
(1) ROBERT DOSS, (2) MICHAEL GARRETT vs
DISNEYLAND
Case No. 409392 c/w 422485
Verdict Date: February 25, 1986
TOPIC: FALSE IMPRISONMENT (Minors Detained by Disneyland
Security After Space Mountain
Accident/Emotion Distress)
RESULT: Defendant (Verdict)
INJURY: Claimed emotional anguish due to detention.
STATE: California
COUNTY: Orange
JUDGE: David Sills
PLAINTIFF ATTORNEY: Millstone, Berman & Wechsler Law Offices by
B. Allen Millstone (Beverly
Hills)
DEFENDANT ATTORNEY: Richard E. McCaine Law Offices by Richard E.
McCain (Santa Ana)
POLL: 12-0
FACTS: Incident occurred on 2-19-83 when pltfs (Doss and
Garrett/Clerks, ages 16 & 17) were with a
friend, Jim Higgins, at Disneyland. They had each consumed 2- 3
tall cans of Magnum Malt Liquor
and decided to ride the Space Mountain. Higgins was injured when
he was on the attraction. The
attraction was shut down and scrutinized. Pltfs #1 & #2 were
detained and questioned by security
and local police agency. Alleged they were unreasonably
detained for investigation purposes. Pltfs
had done no damage to property; they were not allowed to use the
phone or go to the restroom.
DEFENSE: Contended pltfs had been spotted earlier (by security)
urinating in the parking lot and
were asked to leave prior to the accident. After the accident
to Jim the boys were uncooperative with
names and addresses; they appeared intoxicated. Police were
called to the scene to investigate the
accident and questioned the boys. There was no malfunction of
the ride; the accident was caused by
human mishap.
OFFER: None
DEMAND: $360,000 for both pltfs; pltfs' Atty asked Jury for
$12,000 each past emotional distress;
$18,000 each-punitive; $150,000 each- future)
TRIAL TIME: 4 1/2 days
JURY TIME: 2 1/2 hrs
(1) SANDRA VARELA AND (2) CRAIG VARELA vs WALT
DISNEY
PRODUCTIONS
Case No. 24-52-80
Verdict Date: December 9, 1980
TOPIC: Amusement Park Injury
RESULT: Defendant (Motion for new trial and Judg NOV - Plf)
(Verdict)
INJURY: #1-Claimed neck injury w/8 surgeries and 17
hospitalizations; residual pain. #2- Cut on
forehead requiring stitches.
SPECIALS: $327,000 plus, total claimed; $123,000 MED,
$4,000-$5,000 in Medicine, babysitters,
household help, $50,000 LE to date plus $150,000-$250,000 future
LE.
STATE: California
COUNTY: Orange
JUDGE: Stotler
PLAINTIFF ATTORNEY: Harold V. Sullivan, III Law Offices by Carl
Hovland
DEFENDANT ATTORNEY: W. Mike McCray
POLL: 12-0
FACTS: In May 1975, plf #1 (29-Executive Secretary) and her
family were driving the cars at the
Fantasyland Autopia at Disneyland (deft's amusement park).
Husband and two daughters were in
front car and plf #1 was in second car w/plf #2, her 6 yr old
son. There had been a storm and one of
the branches of one of the trees had fallen across roadway.
8-10 cars had stopped, husband and two
daughters rearended the piled up cars. Plf #1 & #2 allegedly
suddenly stopped behind husband's car
and were rearended by the car behind them, throwing plf #2
against steering wheel. Little boy (plf #2)
was first taken to First Aide Station, then to Hospital ER for
stitches. While at the hospital w/her son
plf #1 felt faint and claimed neck pain. X-rays were taken but
were negative. Plf #2 subsequently
underwent 8 surgeries w/17 hospitalizations for neck pain and
low back injury after an attempted
suicide. Plf #1 had fusion surgeries for C-3 thru T-1,
laminectomies and fusions of L-3 and sacrum
and 3 surgeries on upper neck during which occipital nerves were
severed to relieve pain but plf still
has pain. Husband filed loss of consortium claim but it was
dropped.
Defense: No negligence. No defect in design of car or roadway.
Proper maintenance. Plf #1's
problem not caused by this accident; plf was suffering from
psychoneurotic condition or conversion
reaction to family problems. Defense Dr testified all plf's
surgeries were unnecessary and it was
below Standards for Dr to have performed all the operations.
PLAINTIFF MEDICAL EXPERTS:
Max Negri, Treating Ortho
Joseph Orr, Neuro
Dr Wizner, Ortho
Name Unobtainable (from Pain Center)
PLAINTIFF EXPERTS:
Name Unobtainable, Horticulturalist
Robert Schultz, Econ
Name Unobtainable, Rehab
Aaron Goldsmith, Acci-Recon
DEFENDANT MEDICAL EXPERTS:
Glen E. Bonecutter, Neuro
George Wm. Hawkins, Ortho
DEFENDANT EXPERTS:
Harrison Brink, Acci-Recon
OFFER: $10,000
DEMAND: $750,000 (Would recommend $250,000 at end of trial)
TRIAL TIME: 24 days
JURY TIME: 2.5 hrs
Karl Steinhoff
Yeh) wrote:
[ I'm just wondering if anyone knows the most serious accident that has
[ ever occurred on a Disney ride, if any...not a pleasant question, i know,
[ but just curious...
Well, this thread's been filled with lots of pretty morbid (and maybe
speculative) stuff, but do people remember the very real incident two or
three years ago when an empty monorail, about to be put away, came off the
rail and part of it landed on the railroad track behind Autopia? No
injuries, but a pretty spectacular accident.
Imagine the engineer on the next DL railroad train: "Well folks, looks
like we've got a bit of a delay here. There's a . . . . a . . . a *Monorail*
on the track ahead of us!
Probably a hot topic for r.a.d. at the time, but I wasn't around yet.
- karl
kstei...@msmail3.hac.com
Scott R Scheffler
Li-Chueng A Fong (fo...@watnxt04.ucr.edu) wrote:
: In article <7725-30...@fornext.com> writes:
: Other occurances have been people falling into the tracks of the People
: Mover and being litterally run over by the cars harsh tires...thus, if
: the People mover moves so slow; don't these people have time to get off the
: track before the people mover crushes them?
It isn't that they don't have time, the only problem is the People Mover
never stops. The People Mover is electromagnetically powered or something
like that, and the only way it can stop is if the guy at the terminal
watching the tv's sees you out of the car. If you are by the tracks, it
is very hard to just jump out, because you are moving the whole time and
there is space between the track and the little safety guard.
--
I don't know who to direct this to, but who do I email to to get my FDC
position recorded? I have a real good one in mind.
рррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррр
Sent by: Scott Scheffler c/o The Knowledge Network c/o Pacific Bell
If you like what you see, send donations. If you don't, then keep quiet!
******************************************************************************
Email: ch...@liberty.com What, me worry?
ssch...@pomo.kn.pacbell.com -Alfred E. Neuman
рррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррррр
Pat Korn
>out of her Small World boat because it had stopped at the end of the
>attraction where it backs up, waiting to unload, and obviously could not
>pay attention to the recording that said, "Don't get out, dumb ass, the
>ride ain't over yet" and got her ribs crushed when the boat went up on the
>conveyor to unload. The parents are trying to sue becuase "it all Disney's
>fault that she got out and didn't listen to the recording"
>Whatever. Why does Disney end up paying for all of the stupid people out
>there who can't follow directions?
>That really bugs me.
As I recall hearing the report, the child was only 5 years old. She
and her mother did not speak English. (although it might have been
Spanish they spoke, and I believe the instructions are given in
Spanish as well.) Having a five year old daughter myself, I know that
children that age tend not to listen to announcements (those are for
grown-ups to pay attention to) and cannot be relied on to act
logically. I am puzzled as to why the mother did not restrain her,
as I was on the ride (about 10 times, it was my daughter's favorite
:-) ) this summer and I fail to see how anyone could be confused about
where to get out, which they apparently claimed was the case. The
boat ride in the Mexico exhibit at Epcot, I could have understood,
there were several places before the right place where the boat
was stopped and there was a place that it looked like you could have
gotten out, but not so at Small World. Maybe the mother wasn't
watching what the girl was doing until it was too late or something.
I recall an incident a few years ago where a toddler fell into the
water surrounding Cinderella's Castle and drowned. I'm not sure
if it was Disneyland or WDW. I think I heard that Disney lost the
case, or a least wound up paying a bunch of money.
Pat
Li-Chueng A Fong
It isn't that they don't have time, the only problem is the People Mover
never stops.
I know that. But the distance between one people mover and another must be at
least 10 feet. And how does one "fall" out of a people mover?
Ralph Castaneda
If I remember correctly, the people don't fall out. They think they're
clever and try to change cars while the PeopleMover is moving. I don't
know how these people manage to get run over. Perhaps they trip and fall
in the way of the cars.
Your pal,
Ralph
--
-----------------------------------------------------------------------------
Ralph Castaneda, Jr |Celebrate 40 years of adventures at
FDC Manager of Fantasyland | Walt Disney's Magic Kingdom of
<ral...@uclink2.berkeley.edu> | DISNEYLAND!
R.A.D. Host: E-mail me with questions |
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-----------------------------------------------------------------------------
LISA...@delphi.com
Quoting PatKorn<Pat_Korn from a message in rec.arts.disney
Pa< As I recall hearing the report, the child was only 5 years old. She
Pa< and her mother did not speak English. (although it might have been
Pa< Spanish they spoke, and I believe the instructions are given in
Pa< Spanish as well.) Having a five year old daughter myself, I know that
Pa< children that age tend not to listen to announcements (those are for
Pa< grown-ups to pay attention to) and cannot be relied on to act
Pa< logically. I am puzzled as to why the mother did not restrain her,
Pa< as I was on the ride (about 10 times, it was my daughter's favorite
Pa< :-) ) this summer and I fail to see how anyone could be confused about
Pa< where to get out, which they apparently claimed was the case. The
Pa< boat ride in the Mexico exhibit at Epcot, I could have understood,
Pa< there were several places before the right place where the boat
Pa< was stopped and there was a place that it looked like you could have
Pa< gotten out, but not so at Small World. Maybe the mother wasn't
Pa< watching what the girl was doing until it was too late or something.
Pa< I recall an incident a few years ago where a toddler fell into the
Pa< water surrounding Cinderella's Castle and drowned. I'm not sure
Pa< if it was Disneyland or WDW. I think I heard that Disney lost the
Pa< case, or a least wound up paying a bunch of money.
I doubt seriously that the mother could not speak or understand English
as they were from the Miami area. They were Spanish speaking.
Announcements are made in Spanish so that was no excuse. I know I sound
like a real skeptic but I often see people in the Miami area who pretend
to not speak English when it is to their advantage.
`[1;32m Lisa Crawford (Pooh) in Perrine, Fl
`[1;32m GOD is my pilot!
Rainbow V 1.10 for Delphi - Registered
Rich_Car...@cup.portal.com
This is sent out to rec.arts.disney as well as in private e-mail to you.
> I don't know who to direct this to, but who do I email to to get my
> FDC position recorded? I have a real good one in mind.
Send it to David Cuthbert <f...@caltech.edu> and Malvin Lim
<gt2...@prism.gatech.edu>, the Keepers of the FDC Registry.
You can get the latest copy of the FDC (Future Disney Cabinet) Registry
to see if the character/job position you have in mind is on it from:
ftp://ftp.cco.caltech.edu/pub/disney/fdc/registry.txt
You can get the FDC FAQ (Frequently Asked Questions file) from:
ftp://ftp.cco.caltech.edu/pub/disney/fdc/fdcfaq.txt
http://www.ugcs.caltech.edu/~dacut/fdcfaq.html
I hope this helps, and good luck, Scott!
-Rich Koster ()_() ()~() FDC MUCK/FDC Walk-Around Mickey Mouse ()_()
Portal Disney FANtasEARS Moderator <rich_...@cup.portal.com> (_)
Fidonet Disney Echo Asst. Moderator <1:390/5.10> <Call Portal: 800-433-6444>
* "We consider the animated characters real people. Those animators
* "that are drawing those, they're actors and they are playing
* "those parts. And if you watch them work and watch the way they
* "evolve, they become those characters." -Michael Eisner
Daryl Anderson
In a Recent Message, `Pat Korn <Pat_...@mecc.com>' Wrote:
PK>>And as you probably heard this summer, one little girl decided to climb
PK>>out of her Small World boat because it had stopped at the end of the
PK>>attraction where it backs up, waiting to unload, and obviously could not
PK>>pay attention to the recording that said, "Don't get out, dumb ass, the
PK>>ride ain't over yet" and got her ribs crushed when the boat went up on the
PK>>conveyor to unload. The parents are trying to sue becuase "it all Disney's
PK>>fault that she got out and didn't listen to the recording"
PK>>Whatever. Why does Disney end up paying for all of the stupid people out
PK>>there who can't follow directions?
PK>>That really bugs me.
PK>As I recall hearing the report, the child was only 5 years old. She
PK>and her mother did not speak English. (although it might have been
PK>Spanish they spoke, and I believe the instructions are given in
PK>Spanish as well.) Having a five year old daughter myself, I know that
PK>children that age tend not to listen to announcements (those are for
PK>grown-ups to pay attention to) and cannot be relied on to act
PK>logically. I am puzzled as to why the mother did not restrain her,
PK>as I was on the ride (about 10 times, it was my daughter's favorite
PK>:-) ) this summer and I fail to see how anyone could be confused about
PK>where to get out, which they apparently claimed was the case. The
PK>boat ride in the Mexico exhibit at Epcot, I could have understood,
PK>there were several places before the right place where the boat
PK>was stopped and there was a place that it looked like you could have
PK>gotten out, but not so at Small World. Maybe the mother wasn't
PK>watching what the girl was doing until it was too late or something.
As I recall hearing it the boat stopped at the exit, the girl stood
up, then the boat jerked forward to the correct position (You know how
sometimes they stop you before the boat/vehicle is situated properly at
the exit, then they move you forward about another foot before telling
you to get out?). When the boat jerked forward the girl lost her
balance and fell out of the boat and as a result got crushed between a
boat (I forget if it was the one she was in or the one right behind) and
the docks. Several people waiting in the line immediately jumped to
help save the girl. When the girl was rescued they discovered she had
suffered several crushed bones and was rushed to the hospital in the
area.
During all this somebody in the line had recorded the whole thing, and
when the cops got there (Not Disney Security, But the real area police)
they apparently demanded the video from the guy and somehow several
punches were thrown and the guy was arrested for some stupid charge.
The ride as a result of the accident was closed for the rest of the day
to find out EXACTLY what happened, And they were telling people that it
was down for "Technical Difficulties".
(I was at the park the day of the accident in August, and was walking
by Small World later that evening and noticed they had closed the ride.)
____________________________________________________________________________
| daryl.a...@lightspeed.com | AnyBody Care for some Toast?? |
| daryl.a...@ftl.mese.com |---------------------------------------|
|----------------------------------| "Well...Um...It's a known Fact That |
| REC.ARTS.DISNEY Host | I have a tendency to get Involved" |
| FDC Huffelump and Woozle | *Dr. Who: The War Games* |
\__________________________________|_______________________________________/
---
. Tardis Reader . Silly Old Bear Takes Over Disney World in Pooh D'Etat!
Sean Peisert
> I recall an incident a few years ago where a toddler fell into the
> water surrounding Cinderella's Castle and drowned. I'm not sure
> if it was Disneyland or WDW. I think I heard that Disney lost the
> case, or a least wound up paying a bunch of money.
1.5 Million, although it seems like pure negligence to me.
--
Sean Peisert
spei...@ucsd.edu
James R. Freeman
Hmm... if we think it through...
When a natural death occurs in one of the resorts, the family would be likely to find the dear departed, rather than having him first encountered by Cast Members.
If the ambulance drivers were to falsify the death certificate, the family members would notice the discrepency, and raise serious objections.
I'd think it more likely that the local press, heavily dependant on Disney advertising revenues, tends not to pay much notice to what are, after all,
normal and expected events in an environment which houses over
15 million people a year.
HotBuddy
Matterhorn, 1960(?) woman unbuckled seat belt and stood up or jumped out
and was killed
Matterhorn, 1982(?) person unbuckled and jumped out of car, landing on
track a level below, unconscious, and was hit by on-coming bobsled (which
jammed), and caused the guests in it to scream and the computer to stop
the ride
Big Thunder Mountain 1982--decorative wheel on "engine" snaps a bolt near
the last lift, wheel falls off and rolls ahead of train onto lift. Front
of train engages lift then comes into contact with wheel and jams front
portion of train and it jacknifes! Rear portion of train engages lift and
continues to jacknife. Computer still senses movement and doesn't stop
the ride. Ride operators stop it when they see guests in track area
People Mover--late 70's: At a grad nite, a guy trys to climb out of his
people mover train and into the one behind it in the SuperSpeed
Tunnel--where trains bunch up closely. Somehow the guy (probably drunk)
gets his foot on the track and caught in a wheel...he is dragged (sp?)
about 250' until his body falls off of the people mover track to the
autopia below. It was the autopia operators that called peoplemover to do
an e-stop because of the screams. Since that time, higher rails have been
installed on all of the trains to prevent guests from climbing out and
pressure sensitive pads were installed in slow areas to stop the ride if a
guest climbed out and touched one...they were troublesome and have since
been removed.
Space Mountain--Mid 80's: Healthy woman gets on ride and comes back
unconscious. Ride operators, not able to touch or move an injured guest,
signal the controller to take the car onto a siding so that medical
attention can be rendered in a back stage area. The controller
inadverntantly sends the guest (alone and unconscious) through the ride
again! Well, after all is said and done, she died at the hospital because
of a brain tumor that dislodged during the ride. The family sued and lost
because Disney proved that it was the FIRST ride through that killed her!
Since then, communications have been improved with the implementation of
headsets with direct contact to the controller.
Space Mountain--Mid 80's: Also at Grad Nite...a very thin kid (who was
high) was able to slip out from under the lap bar and jump out as the
rocket was making it's only left turn into the atmospheric re-entry
effect. Unfortunately, he hit a concrete wall at 35 mph and was killed.
Monorail--Been damaged several times by trucks that get stuck on the west
street overpass and then the train comes along and gets the bottom skirts
ripped up. There is one incident, but I haven't read any news clippings
on it, that involved a sailor trying to sneak into Disneyland by climbing
a fence on Harbor Blvd. He ended up on the monorail beamway just as a
train was re-entering the park and was killed.
Skyway: Mid 80's--A tornado, yes a tornado, hit Tomorrowland and caused
the skyway (now removed) to stop. Power was knocked out and they wanted
to bring the guests in via the Skyway's back-up generator...unfortunately
it hadn't been maintained and didn't start. Guests were trapped for 5
hours...Disney could have used a crane to remove stranded guests sooner,
but frequently places "maintaining the show" over guest safety, because a
crane in the park wouldn't look good for the spotless image.
Skyway--90's: Guest falls out, but luckily onto a palm tree and wasn't
seriously hurt.
Carousel Theater's America Sings--1976(?) Cast Member killed by being in
the wrong place at the wrong time, leaning around a separating wall as the
theater was rotating to wave to a fellow CM in the next theater.
Unfortunately, she didn't lean back in time and was crushed as the theater
walls rotated into position. Since then, a sensor was put in the CM seat
in each theater. If the CM is not in the seat when the theater starts to
move, an alarm goes off, and the theater will stop if the CM doesn't
return to the seat in time...Saw that one happen.
Space Mountain: Mid 80's: A tandem rocket sled becomes separated,
confusing the computers, which shut the ride down. Unfortunately, the
first part of the train stopped safely at the block brake only to be
rammed by the back half of the train!
Regarding It's a Small World incident last summer at Walt Disney World, it
seems that everyone here has the story completely wrong! The little girl
that got hurt was somehow pushed into the water from the loading dock and
crushed as the boats moved into the load position. The real telling story
about Disney management was that another guest videotaped the whole thing.
Meanwhile, Disney security was PHYSICALLY and RUDELY attempting to get
the tape away from the guest while another guest videotaped them trying to
do that! Oy! Well, the bottom line is that Disney loading areas are
unsafe...If you are waiting at the front and a boisterous guest behind you
pushes, you're in big trouble. I think that's why Paramount and Six Flags
have the closing gates to keep you back.
Hope this was helpful.....
Virgilio Dean B. Velasco Jr.
>Here are the Disneyland incidents of which I am aware
>
>Matterhorn, 1960(?) woman unbuckled seat belt and stood up or jumped out
>and was killed
>
>Matterhorn, 1982(?) person unbuckled and jumped out of car, landing on
>track a level below, unconscious, and was hit by on-coming bobsled (which
>jammed), and caused the guests in it to scream and the computer to stop
>the ride
Tsk, tsk. If unbuckling the Matterhorn belts can cause so much
trouble, maybe we should do away with them altogether.
Yes, I know. I can learn a lot from a dummy.
--
Virgilio "Dean" Velasco Jr, Department of Electrical Eng'g and Applied Physics
graduate student slave, roboticist-in-training and Q wannabe
Wise men still | I practice the safest form of sex | Why did the chicken
seek Christ. | known. It's called abstinence. | cross the Mobius strip?
George Lawrence
I wonder if anyone's ever documented these in a book somewhere?
Anyway, I remember a little girl got struck by a bullet while
riding the train. A popular custom for some ethnic groups is
to file live rounds of ammunition into the air as part of celebrating
the 4th of July. It seems that there must be concentrations of these
types of celebrants around DL because the bullet dropped straight out
of the sky, ripped through the canopy and hit her in the shoulder
(I believe). She wasn't injured too seriously. The thing to remember
is that a bullet hits the ground on the way down with the exact same
force as it had on the way up.
-- George
Mark Patrick
: The thing to remember
: is that a bullet hits the ground on the way down with the exact same
: force as it had on the way up.
A popular myth (somewhat akin to the penny from the Empire State Building
supposedly being a lethal weapon), but untrue due to air friction. It
would be true in a vacuum.
When leaving the barrel of the gun, the bullet has immense force behind
it, but is eventually slowed to a stop (vertical component) by gravity.
Gravity then accelerates the bullet downward. The bullet eventually
reaches a speed (terminal velocity) where the force of gravity is cancelled
by that of the air friction, at which point the speed remains relatively
constant. This speed may result in a good bruise, but not much more.
Mark
David Brady
In a previous article, glaw...@symantec.com (George Lawrence) says:
>I don't know why, but stories of accidents at DL facinate me.
>I wonder if anyone's ever documented these in a book somewhere?
>
>Anyway, I remember a little girl got struck by a bullet while
>riding the train. A popular custom for some ethnic groups is
>to file live rounds of ammunition into the air as part of celebrating
>the 4th of July. It seems that there must be concentrations of these
>types of celebrants around DL because the bullet dropped straight out
>of the sky, ripped through the canopy and hit her in the shoulder
>(I believe). She wasn't injured too seriously. The thing to remember
>is that a bullet hits the ground on the way down with the exact same
>force as it had on the way up.
They *are* documented, in David Koenig's 1994 book MOUSE TALES: A
BEHIND-THE-EARS LOOK AT DISNEYLAND.
And, uh, I think stupid people of *all* races fire guns into the air on
July 4th and New Year's Eve.
Mark Hartman
Depends upon where it hits you, and who it hits. There are MANY cases of
such bullets killing adults (by striking them on the top of their heads,
entering the brain, and doing nasty things there) or small children.
Keep in mind that terminal velocity for a bullet, given its aerodynamics,
is pretty fast - last I read, something over 300 MPH. K=(M/2)V^2, remember;
not a lot of M, but there's a respectable amount of V.
=======================================================================
The above is not guaranteed to be the opinions of anyone in particular.
=======================================================================
Mark Hartman, N6BMO | E-mail: m...@realm.net | CIS: 75130,1434
Macophile | Serious Disney enthusiast | AOL: mhcs
Kenneth J. Eck
No one has ever "officially" died at the Walt Disney World Resorts - they are no
not allowed to be pronounced "dead" until they arrive (via WDW emergency se
services) at a local Orlando hospital. There are several cases where elderly
guests have experienced heart attacks, etc. on property and should have
"died" but miraculously did not until arriving at the hospital entrance.
The worst case involved an elderly couple who, during one of Florida's
well-known storms, accidentally drove into a WDW canal
When they were found my monorail drivers 2 weeks later they were sent to
the local hospital where they were officially declared dead!
Li-Chueng A Fong
Well, they have to be "officially" dead and pronounced dead by the doctors or
paramedics, don't they?
Richard Brown
It results in a heck of a lot more than a bruise. A bullet returning to
earth in New Orleans on New Years Day pierced the skull of a young woman
and killed her. Becayse the bullet literally fell from the sky, there was
no way to determine where it came from. According to the AP story, this
has happened a few times before.
Matthew Pearce
: It results in a heck of a lot more than a bruise. A bullet returning to
Getting closer to the thread:
I AM NOT A LAWYER, AND THIS POST ISN'T MEANT TO IMPLY THAT I AM ONE.
I took the required business law course. Part of the course dealt with
tort laws, and negligence. Under (tort?) the suing party would have to
show that the business did not take "reasonable" steps to avoid the
situation. Even with today's litigous juries (in the U.S.), I seriously
doubt any jury would fault Disney.
What do you want them to do? Put a dome over DL?
Toby
--
"I will not buy this tobacconist. It is scratched."
Scott R Scheffler
Kenneth J. Eck (gf...@cleveland.Freenet.Edu) wrote:
: No one has ever "officially" died at the Walt Disney World Resorts - they are no
There is nothing wrong with this, and I will explain. I know this because
I have had first hand experience, but I don't wish to share it....
If someone actually dies, for example in a corner of the park from a
heart attack, then two things can happen. 1> He'she can be transported to
the hospital and then pronounced dead, or 2> Pronounced dead at the
scene. Now unless this is some mass murder or major problem, 1 will most
likely happen. If a person is pronounced dead at the scene, the ONLY way
to move that person is by having the coroner come and take the body away.
You can't have the abulence take a dead body to the coroner, and also,
the time until the coronoer gets there, you would have to rope off a
major area to secure the area. This is also a good example why some
accidents caused by heart attack victims dn't pronounce the victims ddead
at the scene, because them the police have to close the street until the
coroner gets there and takes the body away. It is really common courtesy
and efficiency they do this. It has nothing to do with Disney refusing to
"let a person die on property." I hope this has cleared up some questions.
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