Lindsey Vuksic, John Vuksic, Leigh Ann Vuksic v. Walt Disney Parks and Resorts U.S. Inc. aka Disneyland, and Does 1 to 50, inclusive
Published: Sep. 10, 2016 | Result Date: Jul. 12, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2013-00692154-CU-PO-CJC Verdict – Defense
Court
Orange Superior
Attorneys
Plaintiff
Brian K. Stewart
(Collins, Collins, Muir & Stewart LLP)
Christian Bredeson
(Collins Collins Muir & Stewart LLP)
Defendant
Gary A. Wolensky
(Buchalter APC)
Anne Marie Ellis
(Buchalter)
Facts
Lindsey Vuksic, John Vuksic, and Leigh Ann Vuksic sued Walt Disney Parks and Resorts U.S. Inc. aka Disneyland, in connection with an injury that allegedly occurred on Oct. 15, 2012.
Contentions
PLAINTIFFS' CONTENTIONS:
Lindsey was riding Splash Mountain with her family members in a log that was filled with excess water. While going up one of the lifts, the log in which they were riding suddenly decelerated, due allegedly to excess water. As a result, she struck her face on the seatback in front of her. Lindsey was the only person injured and sued Disneyland for products liability. Lindsey and her parents alleged that the log flume ride was defectively designed, creating a dangerous condition, and that Disneyland failed to warn of this dangerous condition. Plaintiffs also accused Disneyland of negligence in operating the ride.
DEFENDANT'S CONTENTIONS:
Disneyland disputed plaintiffs' allegations and denied any liability. Disneyland also claimed that excess water had no effect on either the ride forces or the ride experience of the guests.
Damages
Plaintiffs sought $12 million in past medical expenses, future medical expenses, and pain and suffering damages.
Injuries
Lindsey allegedly fractured her nose and basilar skull. She also sustained pain in her back and emotional distress. Lindsey also claimed that the treatments she received, which included lumbar punctures and drains, caused her to develop debilitating chronic back pain, post-traumatic stress disorder, and severe emotional distress.
Result
The jury rendered a verdict in favor of Disneyland.
Other Information
FILING DATE: Dec. 10, 2013.
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