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Personal Injury
Premises Liability
Amusement Park

Dwight Palmatier v. Disneyland Resort

Published: Sep. 13, 2008 | Result Date: Nov. 8, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 06CC11354 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Nancy C. Loeterman

Dana M. Cole
(Cole & Loeterman)


Defendant

Richard E. McCain
(Law Offices of Richard E. McCain)


Facts

On Nov. 13, 2004, plaintiff Dwight Palmatier, 51, claimed that he and his wife were walking in the Disneyland Resort, when the plaintiff was struck by the Queen of Hearts character, who allegedly was running in the opposite direction.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that his right foot was embedded in the hoop skirt of the Queen of Hearts character. The plaintiff claimed he was dragged and injured his both knees.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the incident never happened.

Result

Defense verdict; no negligence on behalf of the Queen of Hearts character.

Other Information

The case was bifurcated on liability issue alone. The damage phase of trial did not happen. FILING DATE: Nov. 6, 2006.

Deliberation

one hour

Poll

12-0 (defense)

Length

four days


#101876

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