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2016 Lawsuits against Disney

Discussion in 'WDW Parks News, Rumors and Current Events' started by PhotoDave219, Jan 29, 2016.

  1. PhotoDave219

    PhotoDave219 Well-Known Member

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    So much like our Permitting Thread, I'm going to take a look at the cases filed against Disney in Orange County District Court. (Osceola isn't online and they would transfer it to Orange anyways)

    Ed. Note: We aren't discussing any foreclosures unless they are foreclosures on DVC properties, which I haven't seen pop up as of yet. (There are foreclosures where Disney may have a claim but are not relevant to this.)

    Jan 2016


    2016-CA-000327-O NUNEZ, JUAN vs. WALT DISNEY PARKS AND RESORTS U S INC

    Filed 1/14/16. Premise Liability. Plaintiff's son fell off an inner tube on a waterslide at Typhoon Lagoon. Another guest went down the slide and struck defendant's son.
    Wants unspecified damages.

    UPDATE - Dismissed by Plaintiff 7/6


    2016-CA-000409-O ROSALES, OMAR et al. vs. WALT DISNEY PARKS AND RESORTS US INC

    Filed 1/16/16. Plaintiffs were on the Peoplemover in October 2014 when the ride malfunctioned, causing the plaintiff's ride vehicle to strike a vehicle in front of them as well as their behicle was struck from behind.
    Wants damages in excess of $15,000.


    2016-CA-000639-O TERRY, ALISON vs. WALT DISNEY PARKS AND RESORTS US INC

    Filed 1/25/16. Premise Liability. Plaintiff slipped and fell at the toppings bar of Pecos Bill's.
    Wants $15,000.


    2016-CA-000651-O AMBUHL, KENNETH et al.vs.BAY LAKE TOWER AT DISNEYS CONTEMPORARY RESORT CONDOMINIUM ASSOCIATION INC et al.

    Filed 1/25. Premise Liability. Plaintiff was attempting to go through the gate in a wheelchair to enter BLT's pool area when the gate abruptly slammed shut, injuring plaintiff's toes.
    Wants unspecified damages.


    2016-CA-000931-O BANKERS STANDARD INSURANCE COMPANY vs. WALT DISNEY PARKS AND RESORTS US INC

    Filed 1/28. Plaintiff's room was not ready at the Contemporary. Plaintiff's vehicle was subsequently broken into while he was waiting. Plaintiff is suing for $84,018.21.


    2016-CA-000815-O MOBLEY, HELENA vs. WALT DISNEY PARKS AND RESORTS US

    Filed 1/29. Employment Discrimination. Plaintiff, an admin for a Disney Security Executive, applied for a Executive Assistant and was told by her boss she was a shoe in. Didn't get it. Complained, alleged discrimination because she is married to an African-American. Was told there wasn't a place for her in security division anymore after complaining. Plaintiff alleges retaliation for the complaint. Plaintiff is now working as an admin assistant in custodial.


    2016-CA-000831-O RYAN, PATRICK vs. WALT DISNEY PARKS AND RESORTS US INC

    Filed 1/29. Premise Liability. Plaintiff tripped and fell in the MK parking lot. Plaintiff claims he tripped over a bolt.


    2016-CA-000854-O GIRON, MARIA vs. WALT DISNEY PARKS AND RESORTS US INC, A FLORIDA CORPORATION

    Filed 2/1. Premise Liability. Plaintiff was injured when she fell getting onto Primeval Whirl at DAK.


    2016-CA-000860-O JACKSON, ROBIN M et al.vs. WALT DISNEY PARKS AND RESORTS US INC

    Filed 2/1. Premise Liability. "Defendant Negligently opened a door in the Pirates of Caribbean attraction with such force that it struck the Plaintiff." (Copied straight from the Complaint -ed.)


    2016-CA-000894-O LETO, SHIRLEY vs. WALT DISNEY PARKS AND RESORTS U S INC

    Filed 2/2. Premise Liability. Plaintiff Stepped off a curb near Cinderella's Castle (in 12/14) that she could not see due to crowds and broke her right ankle, tibula and fibula.

    2016-CA-001104-O MOUNTIN, SUSAN vs.WALT DISNEY PARKS AND RESORTS US INC

    Filed 2/8. Premise Liability. Plaintiff tripped over a piece of removed signpost protruding from the asphalt parking lot at Pop Century and fell.

    2016-CA-001292-O SANDOVAL, JASMIN vs. WALT DISNEY WORLD CO

    Filed 2/14. Plaintiff was a waitress at The Plaza Restaurant, alleges defendant violated the Florida Minimum Wage act.

    2016-CA-001379-O GOMEZ, EDWARDvs.WALT DISNEY PARKS AND RESORTS US INC

    Filed 2/16. Plaintiff claims he injured his back on Summit Plummit at Blizzard Beach.

    2016-CA-001430-O MORTON, BRENDA vs. WALT DISNEY PARKS AND RESORTS US INC

    Filed 2/17. Premise Liability. (Complaint Unavailable at the moment but filed Pro Se, meaning self represented.)

    2016-CA-001518-O SAMAN, CHARLIE et al. vs. THE WALT DISNEY PARKS AND RESORTS US INC et al.

    The plaintiff alleges that while on Splash Mountain the safety restraints did not lock in properly and the defendant was forced to jump out of the ride vehicle. There's a second count wherein the plaintiff was in a van backstage and the van hit a barrier backstage. (Filed 2/19)

    2016-CA-001613-O EDELSTEIN, RHONDA vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff tripped and fell while in the Mexico pavilion, injuring arm and shoulder. (Filed 2/24)

    2016-CA-001648-O ORTIZ, RAFAEL C vs. MONSTER BEVERAGE CORPORATION et al.

    Plaintiff purchased and consumed a can of Monster Energy at DAK and later that night he suffered a stroke. Plaintiff alleges the beverage caused the stroke. Plaintiff alleges a Design Defect against Disney, essentially because Disney sold him the defective beverage. (Filed 2/24)

    UPDATE - Joint Dismissal 6/3

    2016-CA-001914-O DION, CELESTE M vs. ALMAGUER, CAL et al.

    Plaintiff, an employee of the Disney Reservation Center, took an FMLA leave for twelve weeks. Plaintiff was later terminated. Plaintiff alleges management created false grounds for her termination. Plaintiff also filed an EEOC complaint, alleging age discrimination. (Plaintiff is 66) which was dismissed because she didnt file within 90 days. (Filed 3/1)

    2016-CA-001950-O SUTTON, SIMONE vs. WALT DISNEY PARKS AND RESORTS, US, INC.

    Plaintiff was staying at Port Orleans Riverside, slipped and fell outside her room. (Filed 3/3)

    2016-CA-002281-O DOTSON, BRIAN vs. WALT DISNEY IMAGINEERING RESEARCH AND DEVELOPMENT INC, IMPACT LIGHTING INC

    Plaintiff was contracted to install fiber optics for the Frozen attraction and was never paid. Plaintiff amended the complaint to remove Disney from the suit and is owed over $53,000 by Impact Lighting.

    (Filed 3/15, Amended 5/25)

    2016-CA-002647-O CHANG, ANGELISA vs. WALT DISNEY PARKS AND RESORTS US INC

    Plantiff's Child had their hand crushed in a door at the All Star Resort.

    (Filed 3/25)

    Criminal Cases

    2016-TR-000975-A-W STATE OF FLORIDA vs. WALT DISNEY PARKS AND RESORTS U S INC

    1/7/16. Civil traffic infraction. Someone in a company vehicle ran a red light at Palm Pkwy/535 and caught by a red light camera.
     
    Last edited: Jul 9, 2016
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  2. PhotoDave219

    PhotoDave219 Well-Known Member Original Poster

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    Second Quarter.

    2016-CA-002968-O MCFARLANE, PATRICIA MAE vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff's transport chair got stuck in a hole in the parking lot, causing the plaintiff to fall backwards and strike their head on the parking lot. (Filed 4/5)


    2016-CA-003001-O BROWNING, STEVEN vs. WALT DISNEY PARKS AND RESORTS U S INC

    Plaintiff reached up to inspect a crystal glass ornament on a high shelf in the Arribas Brothers store when it broke. Plaintiff alleges product was too fragile to handle. (Filed 4/6)


    2016-CA-003101-O AMABILE, MICHAEL A vs. WALT DISNEY WORLD PARKS AND RESORTS US INC

    Plaintiff was waiting for the MVMCP parade on 12/1 and tripped over the sidewalk, sustaining injury. (Filed 4/8)


    2016-CA-003397-O
    REMOLLINO, NANCY vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff tripped over an exposed beam in the sand/gravel at Ft. Wilderness Campground and sustained injury during a visit in July 2012. (Filed 4/19)


    2016-CA-003487-O ABBADIE, MARICEL vs. TPG HOSPITALITY INC et al.

    Plaintiff slipped and fell while trying to enter an elevator at the Wyndham LBV Resort and sustained injury during a visit in July 2012. (Filed 4/21)


    2016-CA-003541-O TIMESHARELENDING BIZ INC vs. FOX, STEPHANIE L et al.

    Plaintiff is foreclosing on Defendant's DAK condo. (Unit 57C) (Filed 4/22)


    2016-CA-003784-O BARRETT, LYNN vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff slipped and fell while entering a boat on POTC on June 6, 2015. (Filed 5/2)


    2016-CA-003797-O KING, CHRIS vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff slipped and fell while entering an unspecified bathroom on October 25, 2014. (Filed 5/2)


    2016-CA-003798-O GONZALEZ LOPEZ, ROSSANA et al. vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff's child fell from a glider/zip line on a playground at Fort Wilderness Campground during a visit on March 25, 2014. (Filed 5/2)


    2016-CA-003870-O SHERIDAN, JEANNE vs. THE ROSE RESTORATION CO INC et al.

    Plaintiff was checking out of the WDW Dolphin Resort when she slipped and fell on the wet marble floor, sustaining injury during a visit on May 6, 2012. (Filed 5/3)


    2016-CA-003871-O LIGHTFOOT, CHRISTOPHER vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff has a food allergy to eggs. Plaintiff ate at the Captains Grill, told the hostess of the allergy and as served a roll containing egg or egg products, causing an allergic reaction during a visit on June 7, 2012. (Filed 5/4)

    2016-CA-003993-O PICCOZZI MARCCELO, NIKKI vs. WALT DISNEY WORLD, INC.

    Plaintiff slipped at fell at the All Star Movie Resort, sustaining injury during a visit on December 30, 2014. (Filed 5/9)


    2016-CA-004297-O BURKE DUGENER, PATRICIA ANN vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff slipped and fell at Yacht Club, sustaining injury during a visit on April 25, 2015. (Filed 5/18)


    2016-CA-004659-O BERNAVIL, JACQUES vs. WHITEMAN, MICHAEL EDWARD et al.

    Auto negligence. Defendant is an employee of WDW. Defendant driving a Ford Mustang struck the Plaintiff while the Plaintiff was driving a golf cart in a parking lot near building 7 of the All Star Music Resort on February 10, 2015. (Filed 5/31)


    2016-CA-005067-O GALE, ERIN et al. vs. WALT DISNEY PARKS AND RESORTS WORLD WIDE INC

    Plaintiffs were attacked by bedbugs at the All Star Music Resort during a stay in June 2013. (Filed 6/10)

    WALT DISNEY PARKS AND RESORTS US INC vs. RICK SINGH AS PROPERTY APPRAISER et al. Multiple Cases

    Disney is suing the Property Appraiser over they exceed the market value in the Following Cases: (all filed 6/16 or 6/17) (All parcel Identifiers were redacted, however the tax bills are at the end of each complaint and the assessed values are within as well)

    2016-CA-005290-O Not Specified
    2016-CA-005291-O Epcot, MK, DHS, DAK, Blizzard Beach, MK Parking Lot, Typhoon Lagoon, Indy 200, TTC, MK Bus Drop Off, MK Car Care Center, Fantasia Golf, Epcot Wellness Center, Wedding Pavilion.
    2016-CA-005294-O Pop Century, Art of Animation
    2016-CA-005295-O DAK Lodge, Wildy Lodge
    2016-CA-005296-O Grand Floridian, Contemporary, Polynesian
    2016-CA-005297-O Yacht and Beach Club
    2016-CA-005300-O Boardwalk (Suing as DISNEY VACATION DEVELOPMENT INC)
    2016-CA-005301-O Not Specified
    2016-CA-005302-O Team Disney Building, Casting Building
    2016-CA-005315-O Port Orleans, Coronado Springs, CBR


    2016-CA-005324-O GUTIERREZ, HILDA vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff tripped and fell on a rubber cover on the ground near the "Mickey Mouse Store" during a visit to Downtown Disney on April 10, 2014. (Filed 5/10)


    2016-CA-005447-O TALTY, KAREN vs. WALT DISNEY PARKS AND RESORTS US


    Plaintiff slipped and fell while exiting the Dinosaur ride during a visit on April 4, 2013. (Filed 6/20)


    2016-CA-005549-O SHAUNNESSEY, MIKE vs. WALT DISNEY PARKS AND RESORTS US INC

    Employment Discrimination. Plaintiff is an automation specialist, was laid off around Jan 1, 2015 with several coworkers. Defendant subsequently posted a job opening for the position. Plaintiff asked to interview for the opening, was denied. Younger coworkers asked to interview for the opening, were allowed. Person hired was younger and less qualified than plaintiff. Plaintiff alleges age discrimination. (Filed 6/23)


    2016-CA-005606-O SLOUP, CHRISTINE et al. vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff slipped and fell outside a laundry room at the Port Orleans resort, sustaining injury, during a visit on January 13, 2014. (Filed 6/27)


    2016-CA-005626-O DRAWDY, JAQUILINE vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff alleges they contracted an infection after using the Humunga Kowabunga water slide at Typhoon Lagoon during an August 6, 2014 visit. (Filed 6/27)
     
    Last edited: Jul 10, 2016
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  3. PhotoDave219

    PhotoDave219 Well-Known Member Original Poster

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    Third Quarter.


    2016-CA-005809-O
    WILLIAMS, MAVIS vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff's Child tripped and fell over a low brick extension during a visit to Downtown Disney on July 7, 2012. (Filed 7/1)


    2016-CA-005913-O MITCHELL, ADRIAN vs. WALT DISNEY PARKS AND RESORTS US INC

    Plaintiff slipped and fell on a wet floor at All Star Movies, causing injury, during a visit on March 28, 2014. (Filed 7/6)


    2016-CA-005929-O FOLZ, THERESA vs. WALT DISNEY PARKS AND RESORTS US INC

    Auto Negligence. Plaintiff was seated on an ECV while riding a Disney Bus and fell off the ECV as the bus made a turn, causing injury, during a visit on July 16, 2012.
     
    Last edited: Jul 10, 2016
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  4. PhotoDave219

    PhotoDave219 Well-Known Member Original Poster

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    One last Placeholder. Figure I'll divide this up by quarters.
     
  5. Katie G

    Katie G Well-Known Member

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    This totally happened to me last year. and I thought at the time, somebody would sue over this. oooh lordy
     
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  6. Nemo14

    Nemo14 Well-Known Member

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    Clearly, had Disney not eliminated the hot cheese sauce, this never would have happened.
     
  7. Katie G

    Katie G Well-Known Member

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  8. Dead2009

    Dead2009 Well-Known Member

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    Someone slipped and fell at a bar and wants 15 grand? That's a money grab if I've ever saw one.
     
  9. Jon81uk

    Jon81uk Well-Known Member

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  10. wdwgreek

    wdwgreek Well-Known Member

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    This is super interesting. I just took Torts class in Law school. I wonder if there is an assumption of risk clause in your ticket for the parks and if by going to the park you accept all liability for injuries of your own negligence and of the negligence of the Disney company? A lot of ski resorts use this kind of language, and courts are mixed about the enforcement of these clauses. I'm not sure how Florida Jurisdictions look at this. CT courts have favored not upholding liability waivers for a company's own negligence. So the people mover would be the company's own negligence, but there could still be an assumption of risk for riding any attraction that you are liable for injures that are the natural risk of the activity. For negligence to be proven for tort claims there has to be a duty of care, a breach of that duty by some act or omission by the defendant party, the negligence or breach of duty is the direct cause of the harm and the harm is the result of the breach.
     
  11. PhotoDave219

    PhotoDave219 Well-Known Member Original Poster

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  12. PhotoDave219

    PhotoDave219 Well-Known Member Original Poster

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    Toppings bar/buffet area, says the complaint.
     
  13. mikeh

    mikeh Well-Known Member

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    An obviously dangerous place, if I ever saw one

    [​IMG]
     
  14. CaptainAmerica

    CaptainAmerica Well-Known Member

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    Loss of the capacity for the enjoyment of life!? Are you kidding me?

    We desperately need tort reform in this country. Lawyers who file nonsense lawsuits like this should be held personally financially responsible for defendants' legal bills. These aren't even lawsuits, they're extortion. They know that Disney would rather pay them off than deal with bad publicity and the cost of litigation. Absolutely disgraceful.

    It rained the last time I was at Epcot. I was wearing Sperrys and the dye in the leather ran onto my feet. I paid a lot of money for them so I was pretty bummed out. Maybe I should sue for disfigurement, mental anguish, and loss of the capacity for the enjoyment of life.
     
  15. PhotoDave219

    PhotoDave219 Well-Known Member Original Poster

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    Correctamundo. They all read the same.....
     
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  16. mikeh

    mikeh Well-Known Member

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    I'm having a very entertaining morning reading some of these claims now that I know how/where to search them. There was a claim where a lady suffered injuries as a result of her ECV "unexpectedly" accelerated into the chains at the bird exhibit at DAK. Point c of paragraph 8 claims that Disney is liable for "improperly tampering or maintaining" the vehicle (emphasis added).

    You know that awful Disney, always tampering with ECVs so they unexpectedly accelerate into things.
     
  17. Astro Blaster

    Astro Blaster Well-Known Member

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    That one way my favorite. "Slipped at toppings bar, wants $15k." If you could make that much money for being clumsy I'd be a billionaire by now.
     
  18. PhotoDave219

    PhotoDave219 Well-Known Member Original Poster

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    Oh its fun to read through....
     
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  19. HRHPrincessAriel

    HRHPrincessAriel Well-Known Member

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    I love how the loss of earring is thrown in there.
     
  20. andysol

    andysol Premium Member

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    Of course there are ones that are likely medical/injury (like the people mover)- and those are case-by-case.
    But when I look at lawsuits such as these- my first thought is always: "Can and should this be fixed so it doesnt repeat itself". If that means that a lawsuit and serious $ is involved to change the actions of a corporation, I'm all for it (Example: The coffee in the lap case- those changes needed enforced).

    The only one I see thus far worth merit is the gate slamming- particularly when another member mentioned the exact same thing. If a couple lawsuits bring about a slow-closing door- or handicapped entrance for those in wheelchairs- then those lawsuits are serving their purpose. But things like slipping on condiments- what is the cure? Grates under all food service carts? No more self-service? There just isn't a solution outside of "We have an attendant check every 10 minutes"- and a lot can happen in 10 minutes (even 10 seconds)- so it's unfixable.
     

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