Steven Wilson, Christina Wilson v. The Walt Disney Company, Walt Disney Imagineering Research & Development Inc., Walt Disney Parks and Resorts U.S. Inc., Disney Enterprises Inc., Doe 1, Doe 2, Doe 3, Doe 4, Doe 5, Doe 6 and Does 7 through 50
Published: Jan. 10, 2015 | Result Date: Jun. 5, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-03388-JAK-SH Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Barry B. Novack
(Law Office of Barry B. Novack)
Defendant
Gary A. Wolensky
(Buchalter APC)
Anne Marie Ellis
(Buchalter)
Facts
Steven Wilson sued The Walt Disney Co., Walt Disney Imagineering Research & Development Inc., Walt Disney Parks and Resorts U.S. Inc., and Disney Enterprises Inc., in connection with an incident that occurred on March 24, 2010.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on March 24, 2010, he rode the Splash Mountain Attraction at Disneyland Resort in Anaheim when he fell and suffered injuries as a result. Plaintiff blamed Disney for the accident, and sued Disney for liability. Plaintiff, in particular, alleged that Disney was negligent in failing to "tie off" the Splash Mountain Log before a cast member assisted him out of it, and that the boat was overloaded, causing him to fall. Plaintiff asserted causes of action for negligence, product negligence, strict products liability, and negligent infliction of emotional distress. Plaintiff's wife, Christina Wilson, asserted a claim for loss of consortium.
DEFENDANT'S CONTENTIONS:
Defendant Walt Disney Parks and Resorts disputed plaintiffs' contentions. Specifically, defendants contended that the claimed incident did not occur as described by plaintiffs. Further, defendants contended that plaintiff's preexisting back conditions were not aggravated by the claimed fall. Finally, defendants claimed that the alleged negligence was not a substantial factor in plaintiff's claimed harm.
Result
The jury found Walt Disney Parks and Resorts negligent. However, the jury found that the negligence was not a substantial factor in the alleged harm. Therefore, the jury returned a verdict for the defense.
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