Disney Sued Over Tower of Terror Ride

[GoofyFan1]

Found this story on the cfnews13.com webpage and thought it was interesting.

Disney Sued Over Tower Of Terror Ride
Thursday, January 29, 2009 10:58:08 AM

LAKE BUENA VISTA -- An Orlando woman is suing Disney after she says management unfairly banned her from all parks.

Denise Mooty said she suffers from abdominal adhesions.

Abdominal adhesions are scars that form after surgery around the female reproductive organs, the bowel, heart, spine and hand. Adhesions can also form after an infection, chemotherapy and radiation.

The one and only thing she said helps relieve her excruciating pain is riding the Tower of Terror at Disney’s Hollywood Studios.

According to Mooty's doctor, the force of the ride's drop actually helps break up scar tissue, allowing her to move around more freely.

"After we discovered what the ride had done, I started going on a regular basis, and I went from having four to six surgeries a year to one a year," Mooty said.

This is where the lawsuit comes in.

Mooty had a Guest Assistance Card, which allows her to go through a special entrance to get onto the ride.

She said in August 2008 an employee told her she wasn't allowed to have it anymore.

Mooty said she was then banned from ever coming back on property.

Disney Responds
Disney spokeswoman Andrea Finger issued this statement on Wednesday: "Ms. Mooty's claims are without merit. She was trespassed for causing a disturbance within the presence of other guests and using foul language toward a Cast Member."

I could use a little "Disney" healing right about now.

 

[NMBC1993]

Another person trying to make a buck out of Disney for something pointless....nothing out of the ordinary

 

[mcjaco]

I think this one has been going on for awhile. Or she's re-filed suit.

 

[TakeMeThere81]

I get depression and Disney makes me happy!! Therefore I guess I have a medical reason to get in free too!!! (rhetorically and sarcastically speaking of course)

stupid, stupid, stupid, I hate it when people are stupid. :hammer:

 

[Club Cooloholic]

I think I have heard everything. First off, why could she not wait in line like everyone else.
I would love to hear the medical explanation of how riding the Tower actually helps her.
If it actually does help her hasn't she ever heard of a ride called Dr. Doom's Fear Fall?

 

[Kamikaze]

This woman again?

 

[tigsmom]

I think I have heard everything. First off, why could she not wait in line like everyone else.
I would love to hear the medical explanation of how riding the Tower actually helps her.
If it actually does help her hasn't she ever heard of a ride called Dr. Doom's Fear Fall?

Not defending her BUT adhesions can be very painful and people with them (if they are severe enough) have trouble standing for a long period of time, walking can be painful too. I have never come across anyone whose case was a severe as this woman claims, but that doesn't mean it's not true true.

I find it had to believe that the drop on the ToT actually rips the adhesions. If this were true then it would rip other things too like blood vessels. :shrug:

 

[GothMickey]

I think I have heard everything. First off, why could she not wait in line like everyone else.
I would love to hear the medical explanation of how riding the Tower actually helps her.
If it actually does help her hasn't she ever heard of a ride called Dr. Doom's Fear Fall?

Free Fall in Great Adventure is around too, if she wants to try that out.

 

[Figment632]

Tell to go on Dr. Doom in Universal.

Another person abusing the system I can't stand people like this. This is like the lady who sued Mcdonalds because her coffee was to hot.

 

[klineski96]

The one and only thing she said helps relieve her excruciating pain is riding the Tower of Terror at Disney’s Hollywood Studios.

According to Mooty's doctor, the force of the ride's drop actually helps break up scar tissue, allowing her to move around more freely.

So if the drop on TOT helps break up scar tissue, would the sudden accent on Dr Doom produce the opposite effect? Wouldn't that ride actually increase scar tissue? :hammer:

 

[hokielutz]

Yep... I definitely remember this story from back in September.

I'm sorry for her troubles... but maybe she can find some kind of middle ground with Disney. Such as, she promisses to purchase a Premium Annual Pass each year, and they will give her a new card to work around ONLY the ToT queue... with the understanding that she cannot misbehave again in the parks.

Filing a lawsuit is not the way to go in this situation. Besides, if she is looking for drops, then I am sure Universal would love to pickup this customer's business.

 

[fosse76]

I think I have heard everything. First off, why could she not wait in line like everyone else.

She apparently had a legitimate medical resaon and Disney gave her the pass. It's not for you to judge whether or not it was legitimate. Disney obviously felt that it was. I think one of the issues was she was abusing it for multiple re-rides without getting off the ride, and that during this particular incident a "manager" told her she had to get off the ride and that's when the "scene" occurred.

I would love to hear the medical explanation of how riding the Tower actually helps her.

This case was actually publicised earlier this year...there was a discussion on this board about it and how the ride helped her, medically speaking. However, I don't think she actually filed a suit at the time. I think she had just been banned and had just obtained a lawyer. She claims that Disney just "all of a sudden" refused to accept her pass, and Disney claims she made a scene. What really happened is all speculation. She could have merely raised her voice and told the CMs to "go to H..." and Disney is going to act like she was attacking everyone who moved. And on the other hand she could have been extremely abusive it. So it remains to be seen. While Disney can ban people from the park, they still have to have a legitimate legal reason (since it is a place of public accomodation), so I'm pretty sure she behaved inappropriately for them to at least have her removed that day. What'll be interesting is if she did do something that deserved a life-long ban.

If it actually does help her hasn't she ever heard of a ride called Dr. Doom's Fear Fall?

I think it was brought up as well. Maybe she was banned from Universal before Disney! I think at the time of the discussion it was mentioned by several posters that there are numerous drop rides in Florida where she would get the same sensations, so it seemed odd that she singles out ToT.

Another person abusing the system I can't stand people like this. This is like the lady who sued Mcdonalds because her coffee was to hot.

So you feel that McDonald's should serve a product that can cause third-degree burns after only ten seconds of skin contact? The woman in that case was in the hospital for 8 days and required a skin graft. What made that case stand out was the amount of punitive damages (a little over $2 million). Technically, the point of punitive damages is to punish the company and make them think twice about their actions. The woman apparently attempted to settle several times (for less than $300,000) but McDonald's refused, and ultimately ended up paying somewhere along the lines of $500,000. Where they totallyresponsible? No, she had culpability as well, but it was their product that did the damage, so they bear some responsibility as well. My solution would be that attorneys in such case could only receive a fixed percentage of the award (no more than 10%) and the actual punitive damage goes to the state, this would at least take away the frivolity of the suits, since the only benefit to the individual would be a share of the punitive award to the lawyer and actual cost of damages.

 

[speck76]

Yep... I definitely remember this story from back in September.

I'm sorry for her troubles... but maybe she can find some kind of middle ground with Disney. Such as, she promisses to purchase a Premium Annual Pass each year, and they will give her a new card to work around ONLY the ToT queue... with the understanding that she cannot misbehave again in the parks.

Filing a lawsuit is not the way to go in this situation. Besides, if she is looking for drops, then I am sure Universal would love to pickup this customer's business.

$400 to put up with her ________________ is probably not worth the risk of it occuring again -

 

[fosse76]

Yep... I definitely remember this story from back in September.

It was only back in Spetember? It seems so much longer!

Filing a lawsuit is not the way to go in this situation. Besides, if she is looking for drops, then I am sure Universal would love to pickup this customer's business.

I don't know about that. Quite clearly Disney is refusing to allow her back into the parks, so she has no other choice but to sue them. Assuming her side of the story is true, I wouldn't call it a frivolous suit. She certainly is NOT entitled to financial damages, so any money she may be requesting is purely punitive. Assuming she didn't do anything illegal, I can easily see a court ordering Disney to allow her back in...but I don't see any financial gain in her future from this suit.

I joked above that she was probably already banned from Universal before Disney! But seriously, I have to wonder why she is singling out ToT as if it is the only ride that has that kind of drop. Perhaps their employees weren't allowing her multiple re-rides? Which I think back when this issue was first discussed we all agreed was due to the generosity of the CMs at ToT...since she is most certainly not entitled to remain on the ride. I really wish I was there when this happened...in this case I'm more prone to be on Disney's side, since I know how park guests can act when they don't get their way!

 

[burninup4nick]

I think this one has been going on for awhile. Or she's re-filed suit.

Yeah ive definitely heard this story before lol.


people just love to sue disney for anything they can.

 

[Figment632]

She apparently had a legitimate medical resaon and Disney gave her the pass. It's not for you to judge whether or not it was legitimate. Disney obviously felt that it was. I think one of the issues was she was abusing it for multiple re-rides without getting off the ride, and that during this particular incident a "manager" told her she had to get off the ride and that's when the "scene" occurred.



This case was actually publicised earlier this year...there was a discussion on this board about it and how the ride helped her, medically speaking. However, I don't think she actually filed a suit at the time. I think she had just been banned and had just obtained a lawyer. She claims that Disney just "all of a sudden" refused to accept her pass, and Disney claims she made a scene. What really happened is all speculation. She could have merely raised her voice and told the CMs to "go to H..." and Disney is going to act like she was attacking everyone who moved. And on the other hand she could have been extremely abusive it. So it remains to be seen. While Disney can ban people from the park, they still have to have a legitimate legal reason (since it is a place of public accomodation), so I'm pretty sure she behaved inappropriately for them to at least have her removed that day. What'll be interesting is if she did do something that deserved a life-long ban.


I think it was brought up as well. Maybe she was banned from Universal before Disney! I think at the time of the discussion it was mentioned by several posters that there are numerous drop rides in Florida where she would get the same sensations, so it seemed odd that she singles out ToT.



So you feel that McDonald's should serve a product that can cause third-degree burns after only ten seconds of skin contact? The woman in that case was in the hospital for 8 days and required a skin graft. What made that case stand out was the amount of punitive damages (a little over $2 million). Technically, the point of punitive damages is to punish the company and make them think twice about their actions. The woman apparently attempted to settle several times (for less than $300,000) but McDonald's refused, and ultimately ended up paying somewhere along the lines of $500,000. Where they totallyresponsible? No, she had culpability as well, but it was their product that did the damage, so they bear some responsibility as well. My solution would be that attorneys in such case could only receive a fixed percentage of the award (no more than 10%) and the actual punitive damage goes to the state, this would at least take away the frivolity of the suits, since the only benefit to the individual would be a share of the punitive award to the lawyer and actual cost of damages.

That was a bad example my new example and as crazy as its sounds is 100% true, will be a family was on vacation and a guy who broke into the house, the security system came on and he was locked in the garage for 8 days. He suied the family for cruel and unusual punishment and he one.

Also she apperntly acted like an animal and was tossed out of the park. Its no Disneys fault she decided to act like an animal.

 

[Club Cooloholic]

She apparently had a legitimate medical resaon and Disney gave her the pass. It's not for you to judge whether or not it was legitimate.

Why can't I judge that? Am I not allowed to make that statement? Just because she has a pass does not mean that it is for a legitimate medical issue.
Would you say that everyone that gets a handi-cap parking pass has recieved one for a legitimate problem?
This is a public issue now, so anyone here is allowed to read the facts, and make judgments if they choose to.

 

[Wilt Dasney]

Re: "Why not go to Universal?"

ToT isn't just a free-fall drop. It pulls you down faster than the speed of gravity. Not saying that definitely proves the medical questions here, but it's one distinction that comes to mind for me.

 

[GoofyFan1]

That was a bad example my new example and as crazy as its sounds is 100% true, will be a family was on vacation and a guy who broke into the house, the security system came on and he was locked in the garage for 8 days. He suied the family for cruel and unusual punishment and he one.

Also she apperntly acted like an animal and was tossed out of the park. Its no Disneys fault she decided to act like an animal.

If he could break in, how come he couldn't break out? That's as bad as yelling "help I'm locked in my car.":brick:

or

What time is the 3:00 parade?:lookaroun

 

[Slipknot]

Unless you know this woman and her situation, don't be so quick to judge like most of you do on a lot of other things here.

As a Tower bellhop, I can say there was no problem with anything she was doing until CMs who didn't know her or her situation (one mostly worked at Coaster, the other Toy Story picking up a shift after she transfered from sunset) started to question her. She did this for several years before anyone had any problems with her and the situation. Wonder why it took so long to bring it up if it was such a big problem with management???