Alaskan woman files $3 million lawsuit alleging Space Mountain injury at Disneyland - OCR/SCNG

[DrAlice]

You just need to invite all your overweight fan boys and/ or pack your man purse with lot of weight.

Basically at the area where R2D2, aka ADA loading area is also has the weight scale. If the computer says the weight is OK you turn to the right in front of the ride op Windows. Too much weight, you get the ride of shame left turn. Right after the turn, they will have you unload and place you at the front of the boarding line, but separated into 2 cars.

OR.... you could be very tall. Since the cast members rush everyone on and off this ride, sometimes they lock you in before you've actually sat all the way down, making it impossible for long legs to fit properly without pain. Again, because there is such a rush to keep the trains moving, they couldn't just unlock and let my husband adjust. Instead, we were sent to the left and had to try again.

 

[unmitigated disaster]

I guess my question would be exactly how hard did she whack her head to end up with a concussion and traumatic brain injury?

 

[lazyboy97o]

As someone who has made the left turn multiple times, the area was not designed for guests. But when they modified the track, they added the scale and diverting cars to the maintenance bay. It was not designed for unloading. I remember the low ceilings.

So I think the young lady has a case, based on the news article. That said, the info came from her lawyers, so it might not be as made as what the article said.

Unless one is quite tall (above 6' 6"), there should be no need to duck. That the area was not designed for unloading is even more of a problem as Disney is clearly using the space for such a purpose, likely in violation of the fire code.

 

[Jedi Stitch]

Ok, I guess Silly question time. I am a vet. Served in Iraq. Many of my brethren have TBI, from explosions. I myself have had a concussion, but had been lucky nothing to the extent of TBI. Now, I i have stood up to fast and waked my head good on tops of armored vehicles, plenty of times. I myself am having a hard time she stood up to quick enough to go to TBI. I'm wondering was she on a ride with a preexisting condition that got exacerbated by hitting her head? If, so the catch all warning has verbiage of don't ride if you have conditions that could be made worse.
I am not trying to excuse actual negligence if any, but I have seen real TBI causing injuries and do have a hard time seeing this having made a TBI, with out some other factor not being reported or an existing injury already being a factor.

 

[Darkbeer1]

Its been a few years since I have been in the restrictive area, but I remember beams, so if she is looking down, watching where she steps, she could have walked into a beam going forward, not necessarily just when she stood up to get out of the ride vehicle.

 

[SSG]

You just need to invite all your overweight fan boys and/ or pack your man purse with lot of weight.

Basically at the area where R2D2, aka ADA loading area is also has the weight scale. If the computer says the weight is OK you turn to the right in front of the ride op Windows. Too much weight, you get the ride of shame left turn. Right after the turn, they will have you unload and place you at the front of the boarding line, but separated into 2 cars.

Ah, on my trip last year I saw that happen to a car up ahead. I had no idea why.

 

[Weather_Lady]

I guess my question would be exactly how hard did she whack her head to end up with a concussion and traumatic brain injury?

That was my thought, too. Of course, we don't know if she had some sort of pre-existing medical issue (the "eggshell skull" example used in law schools for ages) that made her uniquely susceptible to injury. But if she was a normal individual, I have trouble imagining how she'd have suffered a traumatic brain injury under the circumstances described.

But if she did, that proof will all come out at trial, and we'll get to read about it...

 

[SSG]

Ok, I guess Silly question time. I am a vet. Served in Iraq. Many of my brethren have TBI, from explosions. I myself have had a concussion, but had been lucky nothing to the extent of TBI. Now, I i have stood up to fast and waked my head good on tops of armored vehicles, plenty of times. I myself am having a hard time she stood up to quick enough to go to TBI. I'm wondering was she on a ride with a preexisting condition that got exacerbated by hitting her head? If, so the catch all warning has verbiage of don't ride if you have conditions that could be made worse.
I am not trying to excuse actual negligence if any, but I have seen real TBI causing injuries and do have a hard time seeing this having made a TBI, with out some other factor not being reported or an existing injury already being a factor.

Since she is the Plaintiff in a personal injury suit, she waives confidentiality over her medical history. If she has a documented pre-existing condition (one relevant to her injury) Disney will find out and try to use that to negate or limit liability.

EDIT: to clarify, I say 'try to use' the prior condition but that has limited utility. "The tortfeasor takes the person he injures as he find him. If, by reason of some preexisting condition, his victim is more susceptible to injury, the tortfeasor is not thereby exonerated from liability.” (Rideau v. Los Angeles Transit Lines (1954) 124 Cal.App.2d 466, 471 [268 P.2d 772]

 

[lazyboy97o]

I'm wondering was she on a ride with a preexisting condition that got exacerbated by hitting her head? If, so the catch all warning has verbiage of don't ride if you have conditions that could be made worse.

A pre-existing condition can be unknown.

 

[Sailor310]

I read David Koenig's "The People v. Disneyland". It's worth reading. Disney usually wins. Of 1,300 cases over the years in the book, only 265 went to trial. Disney won 231.
The book had 36 Space Mountain cases. 5 were settled, Disney won 10, the rest were dropped.

OMG. I was just re-reading the SM cases.
If I may quote at length: "One time (1991?), a rocket had to be diverted to a spur track due to crying children. In the storage area, cast members began evacuating the rocket. While stepping out, a 39-year-old school teacher bumped his head on the low ceiling, spraining his neck...He demanded $9,500, arguing there was poor visibility in the evacuation and no warning of a low ceiling. McCain (Disney's lawyer) responded that the plaintiff was angry that his vehicle was sidetracked, and impatiently stalked off, without paying attention to where he was going. He also had prior neck surgery. The jury ruled for Disney, nine to three."

 

[ThistleMae]

I guess my question would be exactly how hard did she whack her head to end up with a concussion and traumatic brain injury?

This? TBI from someone walking and hitting her head? It's typically caused from a very serious "blow" to the head. Something isn't adding up here.

 

[Anjin]

Hmm, okay. I'm reminded why I've never carried a man purse.

As much fun as it sounds to go into this secret cave with a low ceiling, I'm afraid it's not interesting enough to start carrying a man purse and/or make friends with overweight fan boys.

There goes my one chance to be TP's friend.

 

[THE 1HAPPY HAUNT]

You just need to invite all your overweight fan boys and/ or pack your man purse with lot of weight.

Basically at the area where R2D2, aka ADA loading area is also has the weight scale. If the computer says the weight is OK you turn to the right in front of the ride op Windows. Too much weight, you get the ride of shame left turn. Right after the turn, they will have you unload and place you at the front of the boarding line, but separated into 2 cars.

I am confused. I have a hard time visualizing the layout as you are describing it. It has been a while since I have been on SPACE MOUNTAIN. but I could have sworn when you get to the ops windows you go either left or right to go up the lift hill. that there were 2 lift hills that take you to the track. Am I remembering wrong? or was i just seeing people turn left only to be unloaded in the area you described while i turned right and went up the hill? maybe my memory is being spotty. do you also have any pics of the low ceiling off loading area so we can get an idea of the conditions this lady faced?

 

[Darkbeer1]

I am confused. I have a hard time visualizing the layout as you are describing it. It has been a while since I have been on SPACE MOUNTAIN. but I could have sworn when you get to the ops windows you go either left or right to go up the lift hill. that there were 2 lift hills that take you to the track. Am I remembering wrong? or was i just seeing people turn left only to be unloaded in the area you described while i turned right and went up the hill? maybe my memory is being spotty. do you also have any pics of the low ceiling off loading area so we can get an idea of the conditions this lady faced?

Only one lift and track at Disneyland. WDW has two, Alpha and Omega.

Alas, no photos of the backstage bay.

 

[DizRN]

If this is the same area I was escorted off of (twice in a row even!) They had to pull up a step ladder thing and we were helped out of the rocket by cast members. Then we were shown through a door, past lost of computer equipment and back to the loading area. The hall there with the equipment was tight but i never noticed low ceilings. I'm 5'6" and my husband is 6'3". Niether of us had difficulty. I tried to get a picture but got yelled at. Picture I did manage to sneak
I am sure she will get a decent chunk of change as a settlement.

Reminds me of the guy a car dealer settled for $8k with because he hurt his hands trying to fix his electric running boards after being told the dealer would happily fix the issue free of charge when he was back in town and if he really needed them addressed immediately to see a dealer near him. He stuck his hands in there trying to fix them and broke his hands. His argument? Well you didn't tell me not to put my hands in there.