Dathyl Feather v. Disney International, WCO Vacationland
Published: Jul. 31, 1999 | Result Date: Nov. 12, 1998 | Filing Date: Jan. 1, 1900 |Case number: 766688 Verdict – $356,447
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Richard E. McCain
(Law Offices of Richard E. McCain)
Experts
Plaintiff
Dennis Armstrong
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Joseph A. Awad
(technical)
Facts
On July 5, 1995, the plaintiff, Dathyl Feather, a 50-year-old homemaker, was traveling with the plaintiff/defendant/cross-complainant/cross-defendant, Dana Feather, her husband in their motorhome with their grandson and two friends. Their destination was Disney's Vacationland, a campground for recreational vehicles. For a fee, visitors may park their vehicles overnight and use the facilities at Vacationland. On July 5, 1995, Dathyl Feather stopped the motorhome in the driveway of Vacationland at the request of a Vacationland employee. The plaintiffs discussed their plan to spend the night at Vacationland with the employee. During this time, the motor-driven security gate on the exit side of the driveway closed and came into contact with the motorhome. The force of the contact damaged the motorhome and caused Dathyl Feather to fall to the floor of the vehicle. The plaintiff brought this action against the defendant based on negligence and premises liability.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $ _____________. The defendant made a C.C.P. º998 offer of compromise for $ __________________.
Specials in Evidence
$90,000 undetermined
Damages
Husband, Dana Feather, awarded $30,000 for loss of consortium.
Injuries
The plaintiff sustained injuries to her artificial hip which required replacement surgery.
Other Information
The verdict was reached approximately two years and five months after the case was filed.
Deliberation
four hours
Length
14 days
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