WDW Litigation Update Septeober 5, 2019 - Concierge Bugs

SorcererHeidi

Sorcerer please cast forever love spell for me
Joined
Jul 16, 2007
Duffy Sues Disney
Sorry, couldn't resist. Michelle Duffy filed a lawsuit claiming that she visited the MK on November 2, 2015, rode the Tomorrowland Speedway, but was injured when "the dangerous and defective car on the Tomorrowland Speedway ride malfunctioned and caused the steering ardor hydraulics to fail, causing the wheels on the car to bounce against the center guide rail repeated and in a violent manner." She "incurred loss of ability lead and enjoy a normal life."

Silly me, I thought that was the point of the attraction.
Somewhere there's a Lalma bashing his head against the wall after seeing this tittle. Really hard. Repeatedly. :rotfl2:
 
  • jjb1974

    Earning My Ears
    Joined
    Apr 25, 2018
    I have attached here the Space Mountain complaint from California, which asks for $3M for Traumatic Brain Injury and loss of consortium (which, that's always fun to go through at deposition).

    Choosing a Federal jury is an.... interesting... tactical decision for a claim that sounds wholly in State civil law.
     

    Attachments

    jcb

    always emerging from hibernation
    Joined
    Apr 28, 2007
    Thanks. The problem with using out of state lawyers is that they don't know the right party to sue. TWDC doesn't operate the parks and is frequently dismissed as a party. Disney's lawyers typically just tell the other lawyers they need to amend the complaint and serve Disney Parks. There will still be diversity.

    Picking a court / jury is an art. A lot of attorneys think a federal court jury will award greater damages, even on a state law claim. That might be true in some jurisdictions. I'm not sure if it applies in Southern California. Here, I suspect one reason the Alaska lawyers filed in federal court was because the Federal Rules are more familiar to them than the California rules.
     

    jjb1974

    Earning My Ears
    Joined
    Apr 25, 2018
    I suspect one reason the Alaska lawyers filed in federal court was because the Federal Rules are more familiar to them than the California rules.
    That might be a reason, I have slightly more cynical beliefs as to why you wouldn't get local counsel.

    But the problem with relying on Federal rules familiarity is that you don't know the local rules, and those can jump up and bite you: I can tell you from the PACER record that such an issue has already occurred and this lawsuit isn't a week old.
     
  • jcb

    always emerging from hibernation
    Joined
    Apr 28, 2007
    But the problem with relying on Federal rules familiarity is that you don't know the local rules, and those can jump up and bite you: I can tell you from the PACER record that such an issue has already occurred and this lawsuit isn't a week old.
    I'm not surprised. To be honest, it is rare to see a docket sheet that doesn't include a notation instructing the lawyers to comply with the local rules. The federal judges I know most frequently complain that few lawyers t read (1) the court's local rules or (2) the scheduling order. The issues isn't limited to California courts. The Middle District of Florida has several local rules that lawyers ignore and the Orlando federal judges won't hesitate to strike unauthorized filings.
     

    jcb

    always emerging from hibernation
    Joined
    Apr 28, 2007
    Attaching the complaint - with photos! - in the Poly Concierge lettuce bug lawsuit. Looks to me like the bugs are aphids but I have two degrees in music so I am hardly a bug expert.
     

    Attachments

    shocker

    DIS Veteran
    Joined
    Mar 18, 2008
    ...and loss of consortium (which, that's always fun to go through at deposition).

    Ok, this made me bite! I Googled this term...it caused me to have to Google "tortfeasor"...then I had to Google "tort." Blasted legalese! I'm so glad I don't have to touch this stuff for a living.
     

    jjb1974

    Earning My Ears
    Joined
    Apr 25, 2018
    Attaching the complaint - with photos! - in the Poly Concierge lettuce bug lawsuit. Looks to me like the bugs are aphids but I have two degrees in music so I am hardly a bug expert.
    Filial consortium! It’s an all-you-can-allege lawsuit about an all you can eat buffet!

    90 pages and they couldn’t identify what caused everyone to be sick requiring multiple ambulance trips? Amazing that a hospital saw multiple people come in and didn’t do a stool sample of any of them to find the cause.
     
  • jcb

    always emerging from hibernation
    Joined
    Apr 28, 2007
    Filial consortium! It’s an all-you-can-allege lawsuit about an all you can eat buffet!

    90 pages and they couldn’t identify what caused everyone to be sick requiring multiple ambulance trips? Amazing that a hospital saw multiple people come in and didn’t do a stool sample of any of them to find the cause.
    You can bet Disney's personal injury attorneys will obtain every medical record available on these plaintiffs. They always do.
     

    suemom2kay

    DIS Veteran
    Joined
    Feb 26, 2008
    Well if they are in fact aphids.... according to the mighty internet, they don't make you sick.
     


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