PDA

View Full Version : man who sued Disneyland for being stuck on IASW awarded $8,000



Pages : [1] 2 3

SigalTchelet
03-28-2013, 07:30 AM
http://www.usatoday.com/story/news/nation/2013/03/27/disney-small-world-ride/2025273/

What do you think? I don't think the judge should have awarded him this. You take risks on all rides-even IASW. I have ridden rides before in my wheelchair and wondered what would happen if I get stuck, but I doubt I would sue Disney!

sandwich78
03-28-2013, 07:41 AM
I wonder if he would have gotten more money just settling out of court. Maybe his plan backfired. Love how the article makes sure we know that the music played continuously through the whole 30 minutes this guy had to sit there. It's not like he was stuck in some elevator in Nebraska with IASW music playing continuously. He went on a ride specifically to hear that music!

pixar
03-28-2013, 07:52 AM
I wonder if he'll see any of the $8,000 awarded. Attorney costs are really high when they get to trial.

ogold72
03-28-2013, 08:06 AM
8K? That small amount awarded alone should dissuade people from suing Disney in the future for frivolous gripes.

candles71
03-28-2013, 10:44 AM
We had a big discussion when the suit was filed. That thread had a link to the "video evidence" that his wife filmed during the wait.
I saw the awarded amount 2 days ago and I'm very sorry but I started laughing. Then I read that 1/2 of it is a fine for violating HCA. Wouldn't a fine be awarded to the State (county, city, wherever is appropriate)? That would leave him $4000, which is his award for damages and I am with Pixar, how much will he really see. Also, one of the articles I read (most likely the SFGate) had a statement that said Disney was disappointed with the award. Wouldn't they appeal?
So 4 years ago he was stuck on the ride. 2 years ago he filed suit for a lot (I don't remember the amount but you know either the lawyer or the litigant saw dollar signs). He got awarded $4000. Thus my amusement, my first thought was well there is a slap in the face.
Have you read any of the comments on any of the articles?

Here is the old thread (http://mousepad.mouseplanet.com/showthread.php?162210-Man-Sues-Disneyland-Over-Small-World-Incident-AOL-Travel-News/page3&highlight=Suing+small+world+stuck). Post 55 (AVP) has the link to the video in it.

pixar
03-28-2013, 01:56 PM
Just thought about a couple of scenarios...

Let's say the man somehow got the lawyer to take the case on a contingency basis. I believe the lawyer gets a 40% cut since it went to trial, plus direct costs (such as filings). That leaves the man with a max of $2,400 (60% of $4,000, going with candles71's post), and most likely much less.

However, if the lawyer was retained on an hourly basis, it's very likely this man owes the lawyer money. If he doesn't pay up, the lawyer can then turn around and sue him. How ironic...

candles71
03-28-2013, 02:42 PM
http://www.latimes.com/local/lanow/la-me-ln-man-stuck-disneyland-awarded-thousands-20130326,0,107901.story

Unless I am not reading that right. It does say $4000 for access violations. Either way, I am with you in he won't get much.

candles71
03-28-2013, 03:53 PM
This (http://www.hollywoodreporter.com/thr-esq/judge-emotional-pain-being-trapped-431589) article does say he got $4000 for pain and suffering. It does say the other $4000 is a fine. It also says the lawyer is a legal rights center, so he might get the whole $4000.

danyoung
03-28-2013, 04:37 PM
From what I've read, the big issue in this is the fact that they left the music on. And c'mon, wouldn't 30 minutes of small world music stress all of us out? I don't think he was owed big bucks, but $8,000 seems fair.

candles71
03-28-2013, 05:31 PM
One of the articles I read said they were unable to turn it off.

Malcon10t
03-28-2013, 07:43 PM
This (http://www.hollywoodreporter.com/thr-esq/judge-emotional-pain-being-trapped-431589) article does say he got $4000 for pain and suffering. It does say the other $4000 is a fine. It also says the lawyer is a legal rights center, so he might get the whole $4000.What I am curious about is once they have sued on something like this, does Disney have the right to ban them from their property?

adriennek
03-28-2013, 08:40 PM
I was once privvy to a situation where someone settled a lawsuit. The lawyer said that if anyone saw the amount settled for, they would know right away that it was a settle to make a nuisance lawsuit go away, because the amount of the settlement was so low.

When I heard about this result, I laughed, too. Yeah, wow, way to stick it to Disney!!! I also, like Malcon10t, wonder if this gives Disney the right to ban him. I would think that it should - I mean, don't they have the right to refuse service to anyone? It would seem to me that they could make a case that it's not worth the risk of offending him again?

Wizard69
03-28-2013, 11:59 PM
I know this guy and he is a prick. He is always trying to get something for nothing. He is also a pin trader and is always trying to scam little kids out of their limited edition pins and giving them common pins in exchange.

josephbandrews
03-29-2013, 06:13 AM
From what I've read, the big issue in this is the fact that they left the music on. And c'mon, wouldn't 30 minutes of small world music stress all of us out? I don't think he was owed big bucks, but $8,000 seems fair.

Were they stuck in the part where the singing is in English or toward the end with 15 languages at once...

I've heard of that song being used during exercises and SERE training where they lock us in cages and play it for 12 hours to simulate POW situations...never had the pleasure of going through it though...

josephbandrews
03-29-2013, 06:18 AM
If this is truly warranted... Those of us that frequent Walt Disney World should each get 8 grand for those 2am bus rides back to the room, after waiting 40 minutes for the second bus, giving up our seat to a woman with kids, barely able to keep eyes open and grip on hand rails...That's always way more than 30 minutes. Why couldn't they just provide us all a Limo? :P

shna
03-29-2013, 09:30 AM
I also laughed when I heard about the monetary award. Of course, that was after I yelled at the TV for saying the man had been stuck FOR HOURS! I knew it was only about half an hour.

Having been stuck in Splash Mountain once, I think they were wise to leave the music on. When we were stuck on Splash, they turned the music off but the animatronics kept going. That was CREEPY. All dancing about with their mouths moving and nothing but clicking and clacking to be heard. It was AWFUL.

Lani
03-29-2013, 10:37 AM
This is so ridiculous. How many of us have been stuck in a ride for a long time? Alex and I got stuck in Pirates once, right in front of that drunken pirate that talks to the cats ("Here kitty kitty kitty" "MEOW MEOW" "Here kitty kitty kitty HEH HEH HEH hic!" "MEOW!" "Here kitty kitty kitty") and you didn't see US suing Disney.

HTanner
03-29-2013, 11:44 AM
I was once privvy to a situation where someone settled a lawsuit. The lawyer said that if anyone saw the amount settled for, they would know right away that it was a settle to make a nuisance lawsuit go away, because the amount of the settlement was so low.

When I heard about this result, I laughed, too. Yeah, wow, way to stick it to Disney!!! I also, like Malcon10t, wonder if this gives Disney the right to ban him. I would think that it should - I mean, don't they have the right to refuse service to anyone? It would seem to me that they could make a case that it's not worth the risk of offending him again?

The first is true. The amount does signal "nuisance" suit. Especially since it went to a jury. Jury is usually asked to find if the law was violated and then how much the party suffered monetarily. So, a low amount means the jury found a violation, but doesn't want to reward the person suing - or found their claims mostly bogus.

Yes, they probably could ban him, but they won't. The guy claimed they severely impacted his disability by not advising him he'd be stuck on the ride. If they ban him for suing, he could make a claim they are discriminating against him on the basis of his disability - and there goes another lawsuit.

zombie pirate
03-29-2013, 01:15 PM
I been stuck on the Haunted Mansion once for 20 minutes, and POTC once for about 15 minutes, and the Disneyland Rail Road for about an 1/2 hour with a view of the indian village, and enjoyed every minute of it. But that Small World song might just justify his lawsuit. I think The Simpsons made a episode with something simular about the Small World song, but it was Duff Beer Land instead, Lisa Simpson kind of lost it n that ride.

nana the great
03-29-2013, 01:23 PM
not to mention taxes!? don't think he will get much at all.

Disneyphile
04-01-2013, 02:32 PM
And, I bet he'll ride it again... :eyeroll:

bennette
04-01-2013, 03:56 PM
TAlex and I got stuck in Pirates once, right in front of that drunken pirate that talks to the cats ("Here kitty kitty kitty" "MEOW MEOW" "Here kitty kitty kitty HEH HEH HEH hic!" "MEOW!" "Here kitty kitty kitty") and you didn't see US suing Disney.

We got stuck next to the piggy pirate, long enough to run into a Blue Bayou reservation time. Suing didn't cross my mind but I sure was getting a little uptight not being able to get away from the darn squealing by the time we got moving again.

fairestoneofall
04-02-2013, 09:23 PM
I was stuck next to the braying donkey and singing pirate trio for 30 minutes a few years ago. My hips hurt from being in that boat for too long, maybe I should sue?
So lame.

LauraTD
04-05-2013, 07:59 AM
Having been stuck in Splash Mountain once, I think they were wise to leave the music on. When we were stuck on Splash, they turned the music off but the animatronics kept going. That was CREEPY. All dancing about with their mouths moving and nothing but clicking and clacking to be heard. It was AWFUL.

I wasn't stuck on SW, but the sound cut out on us when I was riding Wednesday night and I am totally with you on the extreme creepiness of silent animatronics. After about half a minute I started singing the song myself. I was hoping people would join in, but they didn't. Didn't stop me though because I knew if I didn't sing there was a good chance the dolls would eat us. If I had to save the whole boat on my own, so be it, but nobody was getting eaten on my watch. Luckily the boat never stopped moving so we didn't have the feeling of being trapped which would have made it much worse, but it did give me the wiggins and I am pretty sure I would take 30 minutes of the song over 30 minutes of silent dolls planning to eat my brains.

danyoung
04-05-2013, 08:44 AM
http://www.youtube.com/watch?v=ftf3ePFhV-E