Disney goes to trial over safety of Tower of Terror

[JimJam]

He was around 68 at the time, according to the story.

Still that is pretty old to be riding it :hammer:

 

[ScrapIron]

My only argument to that is that it could have been a pre-existing condition that was exaserbated by ToT.

That's not the argument they appear to be making; see below.

Cohen’s lawyers intend to present evidence that the Tower of Terror, which features a succession of drops and ascents, creates a whiplash effect that can seriously injure even healthy riders.

high speeds and forceful drops are largely illusions, enhanced by special effects.

Well, that's not what they say on those Travel Channel shows. In fact, they say it's pulled down faster than it would drop from gravity alone (which I only mention since I dislike inconsistency).

Novack has another case, alleging a British teenager suffered a stroke after riding in 2005.

This one is very different, and may have some merit since it happened at the park. I remember well since that was the only day I've been to DHS, so I only got to ride once since it was closed most of the day.

Disney should let each and every case go to trial. Stop paying off and start taking them to trial.

Since 1955 they've been very consistent: If they think they'll win, they go to trial, and if they think they'll lose, they'll settle. Sometimes it is their fault (1998 Columbia death or 2003 BTMRR death at DL for example). I don't think they'll lose this one.

A bientot

 

[RickyMouseMom]

It all goes back to the correlation equals causation fallacy. You can prove all types of crazy things if all you need is correlation.

Traffic fatalities in the US are being reduced due to lemon imports from Mexico.

Global warming is being caused by a reduction in pirates.

As statistics major in college (with graduate work), this has been my foundation for YEARS.... all data can be manipulated in a way proving the agenda. No 'common sense' correlation needed (or wanted). Most joe-public will accept the results of so-called 'data'.
Your post made me laugh! :lol:

 

[GenerationX]

Hey, who hasn't torn an artery riding ToT? I blew out three or four last year on the ride.

 

[Duckberg]

12 Years AGO???

WHEN was the lawsuit filed NOW or 12 Years ago? Duckberg

 

[David Roberts]

I find it a little astonishing how many people dismiss this only because it's Disney. Some of the Disney rides can be dangerous. Mission Space is the best example but, in another case my uncle who is a completely young healthy individual broke a rib on Big Thunder Mountain Railroad. Did he file a lawsuit? No. However none of us have any idea what kind of evidence they have or if theirs any merit to what they are saying but if I was a healthy 68 year old and a thrill ride took whatever kind of normalcy of joy out of my remaining years I would sue, Disney or not.Let's wait and see what happens?

 

[Raven66]

Facts of this case could be very interesting, but what bothers me the most is a detail that as someone who doesn't have a medical background, I find very odd.

Regardless of what condition the arteries were in prior to the ride, if you tear one wouldn't your body give you signals that something is wrong shortly after? 23 days and then having a stroke seems too long to give any solid connection to ToT without any kind of knowledge on medical reviews that could have happened between the ride and the time of the stroke.

I agree that Disney probably wouldn't go to court if they felt they couldn't win, but if they were to loose the implications would be big for all theme/amusement parks.

I hope Disney will win this one.

I was thinking the same thing. I would think that if one was torn it wouldn't take 23 days for something to happen. Of course I am not in the medical field at all. My late mother in law had a stroke. She was eating lunch with a friend and was walking to her car and slump over onto the sidewalk. I just think maybe something else was going on that might have caused it. Just an opinion.

 

[828tnt]

Just a thought, will they banish civil aviation, surely hitting turbulence and the resulting jolt would be a similar risk?

i feel for the family here.

but this is what i was thinking too. there may not be too many things in the every day that cause the type of force tot does, but surely some turbulence could have too....

don't we as riders and guests in an amusement park assume some small level of risk when we decide to...drop 13 stories, ....go 0-60 in less than 3 seconds... all things that don't normally happen day to day.

not to say saftey standards aren't not just necessary, but paramount. but, if i'm looking for a thrill, there are risks. if i go swimming i may drown. if i drive fast, i might have an accident.

maybe i'm not making my argument as well as i should, but hopefully you get my point. particularly at higher ages, there may be some things in this world that are "less safe".

 

[828tnt]

It all goes back to the correlation equals causation fallacy. You can prove all types of crazy things if all you need is correlation.

Traffic fatalities in the US are being reduced due to lemon imports from Mexico.

Global warming is being caused by a reduction in pirates.

****winner for best use of sarcasm in a post about pirates***!!!!!!!


i WILL have to work this into a conversation somehow. thanks.

 

[yankspy]

Ugh... This lawsuit makes me want to drop kick a puppy. :brick:

Please, please, PLEASE let this be one of the instances where WDW let it go to court only because it's too insane for anyone to rule in the favor of the man.

Post of the year.:lol:

 

[lazyboy97o]

In 1998, I think ToT was probably the most intense ride on Disney property. There was no M:S, RnRc or anything like that, right? I'm looking at G-forces here. Was TT even open?

I think the only other thing on property that could come close to exerting these types of forces would have been the verticle drop at Blizzard Beach (the name escapes me).

You are correct, but it seems nobody wants to acknowledge that in 1998 the Twilight Zone Tower of Terror was still Walt Disney World's biggest and baddest. Whenever he was visiting, he might have been able to ride Test Track. Rock 'n' Rollercoaster would not open until the summer of 1999.

Even if he did go down Summit Plummet, he would accelerate at no more than 9.8 m/s². Disney likes to tout how the elevators drop at a rate faster than gravity, I believe 10.2 m/s².

 

[Ziggie]

Relating to the case I took to trial, I had two more similiar ones against the same Plaintiff's attorney. Once we one that case, he dropped the other two.

So, I think he's hoping this case lends credibility to those two cases. If he wins, Disney (and I'm assuming, and don't know how their legal team would guide the claims unit), would move to settle those cases.

Thanks mcjaco for your insight ~ I appreciate the reply.



Man Claims 'Tower Of Terror' Caused Stroke

http://www.wftv.com/countybycounty/23164979/detail.html

April 15, 2010

ORLANDO, Fla. -- It's called the Tower of Terror, but one man says the real terror happened after he rode it. He says the ride caused him to have a stroke and now he's suing Disney.

It is extremely rare for a personal injury case over a theme park ride to go to trial and most are settled or dismissed. Marvin Cohen’s incident happened in 1998. It has taken until this week to go to trial.

Cohen said the ride itself is flawed. The man's attorneys argue the ride is dangerous and Disney failed to warn riders of the safety risks.

“Do you have any comment about the case?” WFTV reporter Mary Nguyen asked Cohen.

“No, I cannot comment,” Cohen replied.

Marvin Cohen, 80, would not talk to WFTV about his case against Disney, because his attorney and Disney agreed not to talk to the media about the case until after the trial.

“I'll talk with you after the case is over,” Cohen's attorney said.

Cohen's attorney said his client was physically active when he first rode the Tower of Terror in 1998, but 23 days after he rode it he had a stroke.

When people ride the Tower of Terror they get onto an elevator-like ride; it then drops several floors in a matter of seconds, as well as going back up.

Cohen’s attorney said the ride can create whiplash that can seriously injure riders. An expert witness said she believes the ride caused the stroke.

“This dissection could only have occurred from a severe torsional rotation about his neck that occurs hours to weeks prior to the stroke itself,” the expert said.

Cohen's attorney is not saying the out-of-control elevator ride malfunctioned, but claims Disney failed to give riders an adequate restraint system and doesn't give enough warning for potential injuries.

Disney disagrees and claims the ride is fun and safe for the entire family regardless of age. They argue Cohen had pre-existing conditions and his stroke was not caused by the ride. Disney does have signs posted in front of the Tower of Terror that warn riders with medical conditions not to get on the ride.

The trial will resume Friday morning.

This isn't the first lawsuit filed against Disney over the Tower of Terror, but the other case is a fight to ride the attraction. WFTV reported when Denise Mooty filed a lawsuit in January of 2009. She has internal scarring and says riding the Tower of Terror over and over somehow helps with the pain.

The lawsuit claims a manager told her she could go on the ride only four times per park visit. However, Disney said she was banned after she cursed at a manager. That case is still pending.

~~~~~~~~~~~~~~~

I'm sure Disney will have a counter medical expert to dispute this

 

[Jim L Clifton]

I bet Disney settles out of court! I hope not ...but...they may look at it as a business decision,costs less to settle than a long fight!
Hope Disney fights it & wins!
Jim

 

[Master Yoda]

****winner for best use of sarcasm in a post about pirates***!!!!!!!


i WILL have to work this into a conversation somehow. thanks.

Happy that I could educate as well as entertain. Both of those graphs are commonly used in the skeptical community when you are trying to explain the correlation does not always equal causation. I am not sure of the origin of the lemon import/ traffic fatalities graph but the Pirate/global warming graph originated from the Church of the Flying Spaghetti Monster.

 

[Master Yoda]

Thanks mcjaco for your insight ~ I appreciate the reply.



Man Claims 'Tower Of Terror' Caused Stroke

http://www.wftv.com/countybycounty/23164979/detail.html

April 15, 2010

ORLANDO, Fla. -- It's called the Tower of Terror, but one man says the real terror happened after he rode it. He says the ride caused him to have a stroke and now he's suing Disney.

It is extremely rare for a personal injury case over a theme park ride to go to trial and most are settled or dismissed. Marvin Cohen’s incident happened in 1998. It has taken until this week to go to trial.

Cohen said the ride itself is flawed. The man's attorneys argue the ride is dangerous and Disney failed to warn riders of the safety risks.

“Do you have any comment about the case?” WFTV reporter Mary Nguyen asked Cohen.

“No, I cannot comment,” Cohen replied.

Marvin Cohen, 80, would not talk to WFTV about his case against Disney, because his attorney and Disney agreed not to talk to the media about the case until after the trial.

“I'll talk with you after the case is over,” Cohen's attorney said.

Cohen's attorney said his client was physically active when he first rode the Tower of Terror in 1998, but 23 days after he rode it he had a stroke.

When people ride the Tower of Terror they get onto an elevator-like ride; it then drops several floors in a matter of seconds, as well as going back up.

Cohen’s attorney said the ride can create whiplash that can seriously injure riders. An expert witness said she believes the ride caused the stroke.

“This dissection could only have occurred from a severe torsional rotation about his neck that occurs hours to weeks prior to the stroke itself,” the expert said.

Cohen's attorney is not saying the out-of-control elevator ride malfunctioned, but claims Disney failed to give riders an adequate restraint system and doesn't give enough warning for potential injuries.

Disney disagrees and claims the ride is fun and safe for the entire family regardless of age. They argue Cohen had pre-existing conditions and his stroke was not caused by the ride. Disney does have signs posted in front of the Tower of Terror that warn riders with medical conditions not to get on the ride.

The trial will resume Friday morning.

This isn't the first lawsuit filed against Disney over the Tower of Terror, but the other case is a fight to ride the attraction. WFTV reported when Denise Mooty filed a lawsuit in January of 2009. She has internal scarring and says riding the Tower of Terror over and over somehow helps with the pain.

The lawsuit claims a manager told her she could go on the ride only four times per park visit. However, Disney said she was banned after she cursed at a manager. That case is still pending.

~~~~~~~~~~~~~~~

I'm sure Disney will have a counter medical expert to dispute this

I know that I am getting into semantics here but wouldn't a torsional rotation require a side to side of front to back movement? I have been on ToT dozens of times and I can never once remember ever experiencing any whiplash type movements.

 

[DisneyWales]

These things always worry me!!!

If this wins, they the cost of "warning" stupid people will be the loss of theming!!!

I hate getting on a ride to be warned every 2 minutes of what the rides about to do to me.

I can understanding warning people of the rides nature, but if after this ToT has to have a million signs along the que informing you of risks and the such, it will lessen the overall experience.

Ultimately we all take a risk whenever we ride an attraction, nobody knows they have a precondition until it becomes a condition, but if thats the case, anything could have brought it on. A fall, car accident, walking into a wall, falling down stairs, going over a speed bump..... anything.

 

[Monorail_Orange]

I know that I am getting into semantics here but wouldn't a torsional rotation require a side to side of front to back movement? I have been on ToT dozens of times and I can never once remember ever experiencing any whiplash type movements.

Glad to see I wasn't the only one who caught that and thought the same thing. I can tell you, BTMRR and SM I always found a bit harder on one's neck/back (and never anything on ToT), so given what the articles say, I'm thinking Disney's doing the right thing taking this to trial.

 

[Master Yoda]

Glad to see I wasn't the only one who caught that and thought the same thing. I can tell you, BTMRR and SM I always found a bit harder on one's neck/back (and never anything on ToT), so given what the articles say, I'm thinking Disney's doing the right thing taking this to trial.

Almost makes me wonder if they are planning on switching gears and bringing up attractions that would produce those kinds forces like SM, BTMRR and in particular PW.

 

[WishIwasThere]

Ugh... This lawsuit makes me want to drop kick a puppy. :brick:

You better not do that...you'll get sued by PETA.:drevil:

 

[Monorail_Orange]

Almost makes me wonder if they are planning on switching gears and bringing up attractions that would produce those kinds forces like SM, BTMRR and in particular PW.

Well, if Disney's attorney is sharp and the judge has a decent grip on the law, if Novak tries to mention other rides, Disney would object as irrelevant, as this case is about ToT, and the judge should sustain that objection. Possibly there may have been motions filed by Disney before trial started to ensure other rides wouldn't be brought up in the first place.

And, yeah, I didn't think of PW, as I was going with what else was there in 1998. Although, the KS was open in DAK - that's a lot of bumps/turbulence, and torsional rotation!