I know this caused a heated discussion when it was first published, but I read this today in the Orlando Sentinal and thought you might like an update....
Doctor's lawsuit against Disney thrown out
By Jerry W. Jackson
Sentinel Staff Writer
May 24, 2003
Walt Disney World has successfully fended off a major liability lawsuit -- at least for now.
A state Circuit Court judge recently dismissed a case in Orlando brought by a Venezuelan physician who said he sustained a head injury during a ride on Disney's Space Mountain roller coaster in 1998.
Dr. Jesus Romero alleged in the suit that he was struck by some object during the two-minute, 30-second ride, sustaining a severe bump to the head that impaired his memory and ruined his career.
But Judge Janet C. Thorpe tossed out the negligence claim last month after learning that Romero had lied about a past drug charge and his employment history during depositions. Romero spent time in prison in Venezuela for a 1990 cocaine-trafficking conviction but "repeatedly lied under oath" to conceal the conviction, Thorpe said in her April 3 ruling.
Disney representatives said this week that the dismissal vindicates their arguments against the suit. "We believe there is absolutely no evidence in this case that anything hit this man," Disney spokesman Bill Warren said Friday. "It lacks credibility and is wholly without merit."
Romero's Orlando attorney, David Fussell, said the fact that the negligence case was thrown out on "procedural" grounds troubles him, and he has filed a motion asking the judge to reconsider. Failing that, Fussell said, an appeal is a possibility.
"The bottom line is, this case is ongoing," Fussell said. "We want it to be decided on its merits." He said Romero's wife, Fabiana Romero, is a plaintiff in the case and her claim for losses as a result of her husband's injury might proceed even if her husband is not a co-plaintiff.
Both have remained in Orlando since the September 1998 incident.
Fussell said the drug charge that Romero failed to acknowledge when Disney lawyers were questioning him was old, and Romero had a plausible explanation for not detailing it during the deposition: "He misunderstood," Fussell said. "He did sustain brain damage" from the accident.
But the judge found that Romero made "material misrepresentations on no fewer than five occasions" -- in 1998, 1999, 2002 and early 2003 -- to conceal the fact that he spent 2½ years in a Venezuelan prison for possessing about 10 pounds of cocaine.
"There is no other explanation for Mr. Romero's repeated statements under oath," the judge wrote, "other than he was deliberately attempting to conceal the existence of this conviction in order to increase the value of his lawsuit."
While independent experts say Disney has a good track record for safety, the company launched a new initiative on Thursday that uses cartoon characters to remind park visitors not to stand up on rides, keep personal objects from falling while on coaster rides, and to take other common-sense precautions.
Disney Parks and Resorts President Jay Rasulo said the new initiative builds on past efforts and is not related to any lawsuits or park mishaps.
The campaign uses animals from The Lion King movie in children's menus, brochures, maps and coloring books to reinforce safety tips. One cartoon depicts Pumbaa the warthog in a roller coaster with personal items such as a camera and cell phone falling out, and a tag line that says "Hold on to your gear."
While some safety experts have said that Space Mountain would benefit from nets to catch falling objects, since the coaster has a crisscross pattern that loops passengers above other passengers, Disney representatives have said nets could pose problems. Disney said Friday that netting has not been installed.
Rasulo said he did not know if the new safety campaign, rolled out both at Disney World and at Disneyland in California, would help the company defend itself against any future liability claims.
Doctor's lawsuit against Disney thrown out
By Jerry W. Jackson
Sentinel Staff Writer
May 24, 2003
Walt Disney World has successfully fended off a major liability lawsuit -- at least for now.
A state Circuit Court judge recently dismissed a case in Orlando brought by a Venezuelan physician who said he sustained a head injury during a ride on Disney's Space Mountain roller coaster in 1998.
Dr. Jesus Romero alleged in the suit that he was struck by some object during the two-minute, 30-second ride, sustaining a severe bump to the head that impaired his memory and ruined his career.
But Judge Janet C. Thorpe tossed out the negligence claim last month after learning that Romero had lied about a past drug charge and his employment history during depositions. Romero spent time in prison in Venezuela for a 1990 cocaine-trafficking conviction but "repeatedly lied under oath" to conceal the conviction, Thorpe said in her April 3 ruling.
Disney representatives said this week that the dismissal vindicates their arguments against the suit. "We believe there is absolutely no evidence in this case that anything hit this man," Disney spokesman Bill Warren said Friday. "It lacks credibility and is wholly without merit."
Romero's Orlando attorney, David Fussell, said the fact that the negligence case was thrown out on "procedural" grounds troubles him, and he has filed a motion asking the judge to reconsider. Failing that, Fussell said, an appeal is a possibility.
"The bottom line is, this case is ongoing," Fussell said. "We want it to be decided on its merits." He said Romero's wife, Fabiana Romero, is a plaintiff in the case and her claim for losses as a result of her husband's injury might proceed even if her husband is not a co-plaintiff.
Both have remained in Orlando since the September 1998 incident.
Fussell said the drug charge that Romero failed to acknowledge when Disney lawyers were questioning him was old, and Romero had a plausible explanation for not detailing it during the deposition: "He misunderstood," Fussell said. "He did sustain brain damage" from the accident.
But the judge found that Romero made "material misrepresentations on no fewer than five occasions" -- in 1998, 1999, 2002 and early 2003 -- to conceal the fact that he spent 2½ years in a Venezuelan prison for possessing about 10 pounds of cocaine.
"There is no other explanation for Mr. Romero's repeated statements under oath," the judge wrote, "other than he was deliberately attempting to conceal the existence of this conviction in order to increase the value of his lawsuit."
While independent experts say Disney has a good track record for safety, the company launched a new initiative on Thursday that uses cartoon characters to remind park visitors not to stand up on rides, keep personal objects from falling while on coaster rides, and to take other common-sense precautions.
Disney Parks and Resorts President Jay Rasulo said the new initiative builds on past efforts and is not related to any lawsuits or park mishaps.
The campaign uses animals from The Lion King movie in children's menus, brochures, maps and coloring books to reinforce safety tips. One cartoon depicts Pumbaa the warthog in a roller coaster with personal items such as a camera and cell phone falling out, and a tag line that says "Hold on to your gear."
While some safety experts have said that Space Mountain would benefit from nets to catch falling objects, since the coaster has a crisscross pattern that loops passengers above other passengers, Disney representatives have said nets could pose problems. Disney said Friday that netting has not been installed.
Rasulo said he did not know if the new safety campaign, rolled out both at Disney World and at Disneyland in California, would help the company defend itself against any future liability claims.
