'Teacups' victim suing Disney

[Ed]

You didn't really think this case was over with, did you? :nono:


'Teacups' beating victim sues Disney
Helen Eckinger

Sentinel Staff Writer
May 9, 2008

A Clermont woman who was beaten by another park visitor at Walt Disney World has sued the theme park, saying that its negligence caused her to suffer permanent injuries.

Eben Self, an attorney for Aimee Krause, said that he filed suit in Orange County Court on his client's behalf late Thursday afternoon. In a complaint provided to the Orlando Sentinel by Self, Krause and her husband, Paul, claim that Disney World provided inadequate staff and security at the Mad Tea Party ride, where Krause was beaten by Victoria Walker of Anniston, Ala., in May 2007.

They also claim that the theme park did not adequately train its staff to recognize security threats such as those posed by Walker, that the park didn't remove her from the ride prior to the beating, in spite of parkgoers' requests, and that it bungled its investigation of the beating.

Paul Krause also is suing Disney World for the loss of his wife's support and companionship in the aftermath of the attack.

When reached Thursday evening, Disney spokeswoman Kim Prunty said she had no knowledge of Krause's litigation.

Last month, an Orange County jury convicted Walker of battery. During the trial, Krause and several witnesses testified that she was beaten and kicked by Walker because Walker was upset that she and members of her church group lost their place in line.

On the stand, Walker admitted that she grabbed Krause by the hair but denied she harmed her otherwise. She also said Krause provoked her.

Two doctors testified that Krause suffered permanent brain damage and psychological trauma in the beating, but the defense cast doubt on the severity of her injuries, noting that there was little physical evidence from tests to substantiate her claims.

The jury convicted Walker of battery, the least-serious charge she faced. The jury also delivered a special finding saying that Krause suffered minor injuries in the attack.

Helen Eckinger can be reached at 352-742-5934 or [email protected].

Copyright © 2008, Orlando Sentinel

[KineGirl]

Somehow I knew this lady was going to GO there :ack: Unbelievable. Since I wasnt there I cant speak with a 100% confidence but I have serious doubt as to the extent of her injuries. I hope Disney fights it but I wouldnt be surprised if they wind up settling at some point because that always seems to be the nature of this type of beast. Both of these women showed bad behavior that day IMO - doesnt constitute a beating (however "severe") but it also doesnt constitute a windfall from Disney either. So now every CM has to be a trained body guard/bouncer? Gimme a break :rolleyes:

Ok Ill get down now :soapbox:

[medic9016]

So now every CM has to be a trained body guard/bouncer? Gimme a break :rolleyes:

:funny: Yep 6'5 250Lbs will be the new CM requirement. I agree this will probably settle out of court. I hope Disney will fight this also.

[Gooftroop5]

I am sure they will settle because they will lose a lot more if it goes to court. People tend to award these frivalous cases to the "victim" because they are trying to knock the big companies down a peg or 2. Look at the one that got burned with their coffee because they were an idiot & won the big lawsuit against McDonalds. There are a lot of others out there too. Just look at all the warnings that are common sense but have to put on stuff.

"Warning: Line jumping can be hazardous to your health."

[drummerboy]

Look at the one that got burned with their coffee because they were an idiot & won the big lawsuit against McDonalds.
1. She was elderly and a passenger, not driving.
2. The car was stopped.
3. She was trying to remove the lid to put sugar in the coffee. (How often do we all do this?) It was jammed on pretty tight and the cup jiggled when it popped off.
4. The coffee was superheated, to the point where it gave her third degree burns. McDonalds had plenty of warning that this had caused many prior serious injuries. This was a deciding factor for the jury, because it was not your everyday cup of hot coffee.
5. Even at that, the court reduced the award considerably after the fact, which people seldom hear about.
6. People love to bandy this story around as 'proof' of frivolous suits without really knowing the facts.

Having said all that, I'll ask people to please not turn this thread into a bash of 'frivolous' lawsuits. Let's keep the discussion to this particular incident, which seems to have its own bizaar set of facts.

[laprana]

So now every CM has to be a trained body guard/bouncer? Gimme a break :rolleyes:

:rotfl: Wouldn't that be magical? Big, burly security guards stationed in all the ride queues! I wonder what their uniforms would look like in Fantasyland? :D

[Stich8818]

:bang: I dont get it...

I mean it's an unfortunate situation what was the cause of the whole fiasco. I guess the way I look at it is that Disney will more then likely to settle out of court to avoid any other issues( even though they should fight it) But my thing is what is up with the husbands lawsuit?..You dont think that Disney will give you enough money that you need more?...Oh well just the way things go anymore....

On a side note I am 6'6" and around 290-300..think I could fill out to be a bouncer/tea cup guard?

[KineGirl]

Is this where we're heading ..

New Fantasyland CM (http://flickr.com/photos/25638774@N02/2477726911/)

:secret::D:mickey:

[Mackflava99]

It seems that this "church group" wasnt really very forgiving. Was it a church of evil worshipers? - how bad could your day be if you beat up someone over a tea cup ride. Don't you think there must be some other issue with this person? i worked on a bar as a abouncer many years ago, and you are not supposed to police people. You are there to help stop major incidents. You cannot ask CMs to also be bouncers. Its different training, or different people. Same as you wouldnt want some musclebound guy running the rides dealing with kids.
She was probably on crack or drunk. did they do a test on her?
This is unbelievable.

[drummerboy]

Is this where we're heading ..

New Fantasyland CM (http://flickr.com/photos/25638774@N02/2477726911/)

:secret::D:mickey:
:funny:

[Scar]

I'll ask people to please not turn this thread into a bash of 'frivolous' lawsuits.Can we turn it into a "lawyer bashing" thread? ;)

[Polynesian Dweller]

There are really two things to keep in mind here:

1. This is just the filing of the suit. It does not mean that it will proceed. Courts can deem a suit as being without sufficient merit and refuse to continue with it. A great number (most?) end up this way.

2. To win a lawsuit of this nature, you have to prove that the company was wilfully negligent. That means, they had to have a reasonable expectation of both this type of situation and the resultant injuries to have taken the action that a reasonable person would. That's hard to prove in a situation like this.

Finally, remember that Disney does win some. Think of the Segway suit. Oops, guess that's three things.:blush:

[Scott C]

OTOH, I have been wishing that CM's would start paying closer attention to what was going on in the lines. I almost wound up in a fight last year in line for the safaris. -- Totally preventable in that case.

Thanks
Scott C

[Mackflava99]

Standing in line always seems to cause problems no matter what happens.
Some people have no manners, some people don't care about others.

That's not going to change-

I see many people from other countries not even care about lines, and always try to sneak in or bypass them.
But then others are very respectful and follow the "queues" properly.

This wont be changed by super-sizing the CMs. This is a much deeper societal issue.

Same as people who are loud and obnoxious during movies or shows etc...

[Disnamic Duo]

Can we turn it into a "lawyer bashing" thread? ;)

:funny:THAT'S funny! If we get approval, I'll be right there with ya. I'm ready to go...

I'm also with ya on the LET'S GO METS theme!

[MegaDisney]

Just another example of how litigious a society we have become.

It makes me sick to my stomach.

As my signature says:

"The world is collapsing around our ears..."

[GrumpyFan]

Ugh! This just burns my toast! :mad:

Disney should offer to settle by refunding them the money they spent for the day, then threaten them with a counter suit for causing a public disturbance if they ever return.

I'm going to be nice here and not stoop to insulting these people, but doesn't a stunt like this just further solidify their character? I mean, you have to wonder if maybe there wasn't more to the story then we heard, maybe they picked the fight with the other lady. :shake:

[crazeedizneefinatic]

I don't think the lawsuit is so frivilous. I don't know the whole story of the case but did the CM call for immediate help or did they wait till the lady was pummled? I don't expect CM's to be bouncers and it's a shame it sometimes comes to that, but some do need more training IMO on how to handle out of control guests. I have witnessed a few incidents and the CM's just turn their head instead of calling for help. The worst I have witnessed was cursing back and forth while waiting in line. Someone "thought" someone line cut. The CM was right there and heard the incident. It was the other guests in line that politely asked for them to stop since children were around. Luckily nothing as severe as a beating has happened in my presence. If in fact the person suffered as she says I hope she wins, maybe that will implicate some sort of training on when to call for help. The last place anyone wants to feel unsafe is Disney. It's just amazing that people let such small things get them so bent out of shape as to beat someone over a ride.

[Buttercup]

Ridiculous. Where does it end?

Do people who work in stores at a shopping mall have to become bouncers in case a fight breaks out in the mall?
Do waitresses in coffee shops have to be bouncers if a fight breaks out there?

Since when is it the "place's" fault for the actions of people? Only places that fights are likely to happen (ie. bars where people are intoxicated) need to have bouncers. You would *think* Disney World was one place where fights were unlikely to happen.

[gmgdisneymom]

I am an atty (when I grow up I want to be a CM!:mickey:) and I find fault with the atty who is representing her. THEY give atty's a bad name. I hope disney fights this and doesn't settle.

[Buttercup]

The husband's claim sounds even more frivilous. :mad:

[gmgdisneymom]

That goes without saying

[gmgdisneymom]

People do not seem to realize (or care) that when they file friv/outrageous claims that they only hurt the legitimate ones. Disney is an extremely well run organization. Safety really is paramount. This woman is taking advantage to the detriment of every one else. Again, I find fault with her atty.

[drummerboy]

Can we turn it into a "lawyer bashing" thread? ;)


I am an atty (when I grow up I want to be a CM!:mickey:) and I find fault with the atty who is representing her. THEY give atty's a bad name. I hope disney fights this and doesn't settle.
OK, gmg, you and I can hit Scar with so much legalese we'll have his head spinning. :D

I often serve as a Superior Court mediator, and it's interesting to be able to hear how fervently both sides in a case believe in their side of the story. One of my jobs as a mediator is to try and get them to see a little of the other side's story.

[2Epcot]

If this had happened in line at the grocery store, I wonder if she'd still be suing. I think they or someone told them they should go after Disney since it happened in the park. People need to take responsibility for their own actions.

[crazypoohbear]

Is this where we're heading ..

New Fantasyland CM (http://flickr.com/photos/25638774@N02/2477726911/)

:secret::D:mickey:


Hey! we met this guy at the Pirate and Princess party last August!

Secondly, to all you lawyers out there...
How do I get in on this law suit.
Reading and hearing about this beating has caused me to become fearful of teacups and standing in line.
I now feel the need to medically bypass all lines in disney because it has instilled such a tremendous fear for my personal safety that it is now causing me to have sleepless nights and I break out into a sweat at the thought of spinning teacups and lines. ;)

[BluewaterBrad]

I hope they ban Krause from any Disney owned or affliated store, property, etc!! She is just one of a group of deeply sick-minded people that are ruining this great way of life in the US! Jump off a cliff Mrs. Krause!!:ack:

[dudeman1975]

I think this is crazy, can I start a pretend fight with a friend at Disney and then sue them for not handling it properly. People should be able to police themself. I once saw a guy cursing to another at the Mexico Pavillion and said to myself, I don't understand how one can get upset especially since your on vacation. I take my time relax and enjoy myself at Disneyworld. Your supposed to go and be happy and not be all stressed out, this is not your job site.

[DISNEYLOVERS5]

Sounds To Me That She Is A 1st Class "gold Diggeer" It Wasn't Disneys Fault She Jumped Line. That Was Her Fault She Knew Better. She Should Be Banned For That Reason Line Jumping

[MickeyChick]

The whole thing is absolutely ridiculous. She's claiming she has Post Traumatic Stress Disorder after this brief fight at Disney.

Meanwhile soldiers returning from IRAQ have to fight their insurance companies to get medical coverage for the same disorder this woman is claiming!

And her husband is suing for loss of companionship???? Seriously? She's alive. Even if she spent a couple days in the hospital (which I doubt) how did he lose "companionship?"

I think the Krauses deserve all the ridicule they get as a result of this. The person who picked the fight is paying her debt, I don't see how any of it is the problem of Disney itself.

[brownie]

Could Disney's actions have contributed to the incident? Possibly. Have they already found someone to be guilty of inflicting damage? Yes. I don't think they'll get much and will probably end up settling if it isn't thrown out.

[CaptainJessicaSparrow]

I'm sorry to say this, but as a CM, I would never break up a fight. Try to talk to them reasonably, get them to calm down. But break one up? I don't want the flying arms and fists to land in my face, I don't get paid enough for that.

Then, it also gets into the matter of how far can a Disney CM take the break -up? Restraining the people? Then you get into the battery areas and lawsuits can arise from claims of "they grabbed me in an inappropriate way" or "they twisted my arm/sprained my whatever when they restrained me."

No thanks.

[Ian]

Last month, an Orange County jury convicted Walker of battery. During the trial, Krause and several witnesses testified that she was beaten and kicked by Walker because Walker was upset that she and members of her church group lost their place in line.Interesting ... very interesting ... I wonder if she also attends the Nights of Joy. This behavior is consistent with the behavior of the "church going folks" I saw the one and only time I attended that disaster. :shake:


I'm sorry to say this, but as a CM, I would never break up a fight.As a CM, you shouldn't have to break up a fight that's what Disney has a security force for.

I hate to say it ... I'm the first to jump on people for filing frivolous lawsuits ... but this one is at least legit to be filed. Disney may actually be liable to a degree, depending on what the details of the case are. If it can be proven that their lack of response or slow response contributed to her injuries, then they'll have to pay.

That being said, the amount they'll have to pay is going to be severely limited due to the juries special finding that the plantiffs injuries were only minor.

My guess is Disney offers her a nominal sum to make her go away.

[pdrlkr]

She and members of her church group??? Shouldn't she sue the person who started the fight??? :confused:

[BMan62]

I hope they ban Krause from any Disney owned or affliated store, property, etc!! She is just one of a group of deeply sick-minded people that are ruining this great way of life in the US! Jump off a cliff Mrs. Krause!!:ack:

AND... They should block all the Disney/ABC channels from her cable/dish TV services!:thedolls:

[gmgdisneymom]

legally, disney CAN ban her from all of their property (forever, mind you). However, how does it look if you are suing Disney for PTSD but are still able to go to the parks. I imagine that will be a defense against her.

[lockedoutlogic]

Anyone who didn't think was going to happen needs to do some serious self-reflection.....

Disney practically owns the central florida courts....it is difficult to get a dime from them when they are at fault....

the only thing that might happen here is a small payoff to make the press go away....and that's assuming the plaintiff has REALLY good lawyers...

[Camping Mom]

1. How sad that the actions of a woman with her church group was part of a brawl. For all those who don't attend church on a regular basis, this was just a "IF THAT IS WHAT GOING TO CHURCH DOES, I'M GLAD I DON'T" message. Think of the lives this woman touched that day with her lack of Christian behavior.

2. I would never expect an untrained CM to put themselves in the middle of a fight. Some of them seem to barely have the energy to smile!! I never seem to see a lot of security so that no one was around is not surprising. That said, what DO you do in that kind of a situation. CM's will not step in and security isn't around.

3. I would definitely put her on the Most Wanted List and not allow her to ever step foot in any Disney owned property again.

4. Unfortunately, haven't most of us been at Disney for a vacation and seen some of this type of behavior? We usually get it from a foreigner to our country....sometimes I think they don't understand our culture enough to know line etiquette and such. Sometimes things are done in a different manner in their countries...like what we percieve as cutting in line is just accepted in their country. While everyone is glaring at them, they don't understand what they did wrong!! I have more problems from parents trying to push their children in front of me at a show (not talking about other visitors from other countries) or one person saving places in line for 15 people who show up at the last minute!! WE ARE ON VACATION and should be relaxed and happy and glad we are at the "happiest place on Earth" and act like it.

Ok, I feel better...thanks!!!

[Young@Heart]

I'm sorry, but that just makes me :ill:

[teamblackwell]

CM's (especially ride Op's) should definitely not be responsible for breaking up fights. You remember the t.v. show The Musters, when someone would knock on the front door and see Herman Munster. The person would run away, jump in there car and peel-out as fast as they can.:truck: that's how I am when conflicts arise at my work.

The type of person(personality) you hire to be a bouncer, is not the same type of person(personality) you hire to be a CM( HM cm's aside). And, you don't want security looming over everyone waiting for trouble to happen. I don't know what the answer is:confused:
Actually, how often does something like this happen at WDW?

[ligirlz]

And her husband is suing for loss of companionship???? Seriously? She's alive. Even if she spent a couple days in the hospital (which I doubt) how did he lose "companionship?"


I think the whole thing is a joke. Why isn't she going after the woman who caused her "injuries". Right away it is Disney getting sued. I guarantee you she still goes to the parks because she lives not even 30 mins from them.

[TheRustyScupper]

1) Suits like these are heard in the local area.
2) Not a lot of suits against Disney get won.
3) However, this case might present some points.

4) Of course, anyone can assault anyone.
5) I think Disney has a winner here.
6) CM's are not trained in recognizing problems or likely problems.
7) The person might have an edge here.

8) Like a previous reply, I think Disney will settle out of court.

[Disnamic Duo]

Interesting ... very interesting ... I wonder if she also attends the Nights of Joy. This behavior is consistent with the behavior of the "church going folks" I saw the one and only time I attended that disaster. :shake:

I'm afraid I'll have to pull a Barney Fife on you here:

Non-moderator alert! Non-moderator alert!
Just like we got the alert to not turn this into a lawyer bashing, can we also not start a Christian bashing, please?

[SAHDad]

Having said all that, I'll ask people to please not turn this thread into a bash of 'frivolous' lawsuits. Let's keep the discussion to this particular incident, which seems to have its own bizaar set of facts.

Slight derail first - you can search for "Stella Awards" on google, and read more about the coffee case.

Regarding this one - I'd like to see Disney fight it, but a lot of time, the jury likes to make the "Big, Evil, Mean Company" suffer, regardless of the actual facts. Unfortunately, Disney will probably settle, and the whole thing will be sealed, so no one will ever know that Disney settled for 2 Park Hopper plus passes and a fistful of Fastpasses.

[katzctkpt]

What a fine example these women have set for children. What is this world coming to? Post Traumatic Stress Disorder :drama: :silly:

[Sharon1026]

They'll probably stop serving turkey legs, since they sort of look like clubs. And I've gotten a few churros that have been sort of pointy....

Ridiculous lawsuit. Some people are just out for a buck. No shame at all.

[drummerboy]

Regarding this one - I'd like to see Disney fight it, but a lot of time, the jury likes to make the "Big, Evil, Mean Company" suffer, regardless of the actual facts. Unfortunately, Disney will probably settle, and the whole thing will be sealed, so no one will ever know that Disney settled for 2 Park Hopper plus passes and a fistful of Fastpasses.
As a whole, juries have more sense than many people like to give them credit for. (I've actually served on two different juries.) There are also safeguards in place if juries do get carried away. Judges can and often do reduce the award that a jury gives (the part you seldom hear about). Appeals courts will also send a case back if the award doesn't fit the facts. We usually hear the big splashy news about the huge awards, but not the boring part about what happens afterward. FYI--I handle mostly real estate and probate, not personal injury, etc.

One last bit of information--most of the cases clogging up the courts are more of a commercial nature; companies suing companies, unpaid contractors and the like. Most injury cases settle out of court for relatively small amounts, often before a suit is filed.

Now back to your regular programming. And the jury is still out from this quarter on the "Teacup Caper" until I hear more real facts about what happened.

OH--Let's try to refrain from any extaneous bashing, no matter who the target.

[drummerboy]

Slight derail first - you can search for "Stella Awards" on google, and read more about the coffee case.

Or you can check on Snopes about the 'Stella Awards' and get the true story.

[SAHDad]

Or you can check on Snopes about the 'Stella Awards' and get the true story.
Yes, but Snopes (in this case) still only has about half of the story. Unfortunately, as I said, the final total is completely sealed, so for all we know, the punitive damages were reduced to $1.

(Perhaps any discussion of the Stella vs McDonalds should be spun off to the Water Cooler.)

I'm hoping that this whole Teacups fiasco fades quietly into the night, but (being a cynic), I'm imagining a fairly sizable initial award, along with some bad press about how Disney fails to protect guests from rampaging lunatics (who also happen to be guests).

[mickey&missy]

I'm sorry to say this, but as a CM, I would never break up a fight. Try to talk to them reasonably, get them to calm down. But break one up? I don't want the flying arms and fists to land in my face, I don't get paid enough for that.



Jessica, you shouldn't feel sorry for saying that! I would never expect a CM to have the responsiblity of breaking up fights! People who work an office job or a retail job aren't expected to breakup fights. Why should a disney CM, besides a security person, have to? It's not a CM's responsiblity (besides a security person) to risk injury because people can't act in an appropriate manor!

[drummerboy]

I'm hoping that this whole Teacups fiasco fades quietly into the night, but (being a cynic), I'm imagining a fairly sizable initial award, along with some bad press about how Disney fails to protect guests from rampaging lunatics (who also happen to be guests).
As far as bad press, the only place I've heard about it so far is on these boards, so it may not be as bad as it seems. Whatever happened must have happened pretty quickly, because I've seen Disney security pop up out of nowhere in a heartbeat before.

I think the Teacup Caper will be a tempest in a teacup, as it were, but that's just me. :D

[Mickey91]

I think it is a shame how the people that don't really have anything to do with an incident are the ones to get sued. The person who did the beating should be punished. The park can't control every freak that walks. And, we would all suffer if they tried by not having enough freedom to run around and have fun the way we like. And the person suing would probably be the first to complain of the restrictions. Look at the results of 9-11.

[Catzle]

I would never expect a CM to break up a fight, I work at our local high school and I can tell you I will never break up a fight, that's not my job,my job is to call security if that's what the CM did than their should be no lawsuit against Disney.
While we were at the P & P party this past Friday waiting for the parade. We were behind the white tape line when the parade started coming, they put up a rope where the walkway was and everyone who was behind us ran us over running up the the rope. My husband and I couldn't believe it, it's a parade they aren't giving gold out. I'm sure there are instances everyday there that every CM can not handle and they shouldn't be sued for it unless it was their fault that someone got hurt. In this case as others have said they should be suing the ladies insurance company that hit her not Disney.

[Davyjones]

Let's not start a "lawyer bashing" thread here either. My 2 brothers are lawyers and are very good people.

[CaptainSad]

They should settle out of court and then ban her for life from all Disney property. That will shut her up.

[cgriff]

Paul Krause also is suing Disney World for the loss of his wife's support and companionship in the aftermath of the attack.


Oh c'mon Paul, really now, admit it that once your wife was laid up in the hospital, the rest of your WDW stay was the most easy-going vacation you ever had! You saved major ride-queue time by being able to use the single-rider line, and with your ol ball-n-chain out of the way, you were able to freely scope out other singles at the parks! Yeah, look... Here's Paul right now, in the front seat of this coaster, enjoying himself :coaster: <--see him here, the teal blue guy with his hands up, smiling... That's Paul. And it looks like he's got three other good "companions" in their with him, and they're all just having a gay time together! Hmmmm, meanwhile, here is his poor Mrs. Krause heading off to get treatment for the well-known malady that the doctor's call Pulledhairicus Syndrome :medic:

Loss of support and companionship, yeah right!

cgriff

[motherhamv]

[QUOTE=GrumpyFan;1625616]Ugh! This just burns my toast! :mad:

Disney should offer to settle by refunding them the money they spent for the day, then threaten them with a counter suit for causing a public disturbance if they ever return. /QUOTE]

I bet they wouldn't see that coming. :thumbsup:

[Goofster]

My guess is Disney offers her a nominal sum to make her go away.

You're exactly right. Disney more than likely has a set amount budgeted each year for litigation related cases. For a case like this one, Disney will litigate it until the woman's attorney comes to a reasonable settlement amount. Once that happens, Disney will settle - the costs of litigation would be too high - but, if the woman is demanding too much, Disney will continue to litigate on principle until a fair number is reached. A settlement in this case has no real long term implication to Disney (and is more than likely handled by a private law firm).

For big intellectual property cases, the Segway case, etc., where the value is high, the impact is long term and costly (accomdating Segways), then Disney will litigate it to the full extent and throw as much money at as possible to avoid the long term effects.

[Goofster]

Let's not start a "lawyer bashing" thread here either. My 2 brothers are lawyers and are very good people.

Thanks! As with any profession, you have the good and the bad. Unfortunately with lawyers, there are a lot of bottom feeders out there chasing ambulances and filing frivolous claims against corporations - those are the cases you hear about.

[mdricks]

(Disclaimer: I am a trial lawyer that practices defense law for corporations in cases like this, albeit not this jurisdiction; I know very little about this case and my opinions are without sufficient basis hence I am basically "spouting off" :D)

A settlement on this sets extremely bad precedent. Knowing that payment will be forthcoming for the acts of uncontrolled third parties will open the flood gates. This isn't a slip and fall, the ramifications for future litigation are fairly high.

If I was advising Mickey (and I'm not) I would tell him to take this to trial. The ruling in the criminal court would be very helpful.

Third party in the perp, pull out the dogs and ponies, and make a very loud and visible lesson regarding this type of behavior both in the parks and in the courtrooms. And hope to god you don't loose. :blush:

Don't let your lack of faith in attorneys color your faith in the jury system as a whole. The vast majority of people who sit on juries are interested in doing the right thing. I don't know the Orlando area well but I would presume there to be a strong home court advantage for Mickey here. I could very well be wrong just my two cents as an armchair quarterback.

[Ed]

Why isn't she going after the woman who caused her "injuries".

Easy. Who has more money? It's called "deep pockets". If the other party in the altercation has few or no assets (think "you can't get blood out of a turnip"), you go after someone else, however minimally involved in the matter, who DOES have plenty of assets. Happens every day in the legal system.




If I was advising Mickey (and I'm not) I would tell him to take this to trial. The ruling in the criminal court would be very helpful... The vast majority of people who sit on juries are interested in doing the right thing. I don't know the Orlando area well but I would presume there to be a strong home court advantage for Mickey here. I could very well be wrong just my two cents as an armchair quarterback.

Yes and no. It would largely depend on who is eventually seated on the jury. There are a LOT of people in the Orlando area who view WDW as being the ogre that destroyed their little town atmosphere, the monster that devours the "little people", and as some sort of uncaring corporate devil. On the other hand, WDW employs over 60,000 people, most of them locals, who have family and friends in the community. While no plaintiff's attorney in his/her right mind would agree to having CMs or their family or friends on the jury, it can happen. And the defendant's attorney certainly wouldn't want any WDW-haters or disgruntled former CMs on the panel. Ideally the jury would be made up solely of folks who 'have no dog in this fight', but this isn't an ideal world, is it?

Although I totally disagree with the tactic, I suspect (like many of you) that Disney will take the easy way out and settle out of court, probably with a condition that the plaintiff never return to any WDW facilities.

[mdricks]

While no plaintiff's attorney in his/her right mind would agree to having CMs or their family or friends on the jury, it can happen. And the defendant's attorney certainly wouldn't want any WDW-haters or disgruntled former CMs on the panel. Ideally the jury would be made up solely of folks who 'have no dog in this fight', but this isn't an ideal world, is it?

No argument from me there, you can always draw a bad jury, lord knows I've had my share. I would still think long and hard before I rolled over on this one. In my experience, the corporate clients who pay the most in the end are the ones who go to their check books more often then their law books. Just saying.......

[avantgardeinker]

I am sure they will settle because they will lose a lot more if it goes to court. People tend to award these frivalous cases to the "victim" because they are trying to knock the big companies down a peg or 2. Look at the one that got burned with their coffee because they were an idiot & won the big lawsuit against McDonalds. There are a lot of others out there too. Just look at all the warnings that are common sense but have to put on stuff.

"Warning: Line jumping can be hazardous to your health."

Just for the record the woman at McD's was legit. The employee handed her coffee in one of the regular drink cups instead of the coffee cup. When she put it in her lap the cup desintigrated and she had severe burns to her body. She's had several surgeries and still cannot sit down without some sort of aparatus attached to her with cool water running through it so she can be somewhat comfortable.

On the other hand I think the Mad Hatter lady is just trying to get whatever money she can since the first trial didn't get her as much as she apparently wanted. I wish Disney would fight it, but unfortunately it would take way more money to go to court than to just settle and get it out of their hair. I'm sure they will settle.

[Goofster]

(Disclaimer: I am a trial lawyer that practices defense law for corporations in cases like this, albeit not this jurisdiction; I know very little about this case and my opinions are without sufficient basis hence I am basically "spouting off" :D)

A settlement on this sets extremely bad precedent. Knowing that payment will be forthcoming for the acts of uncontrolled third parties will open the flood gates. This isn't a slip and fall, the ramifications for future litigation are fairly high.

If I was advising Mickey (and I'm not) I would tell him to take this to trial. The ruling in the criminal court would be very helpful.

Third party in the perp, pull out the dogs and ponies, and make a very loud and visible lesson regarding this type of behavior both in the parks and in the courtrooms. And hope to god you don't loose. :blush:

Don't let your lack of faith in attorneys color your faith in the jury system as a whole. The vast majority of people who sit on juries are interested in doing the right thing. I don't know the Orlando area well but I would presume there to be a strong home court advantage for Mickey here. I could very well be wrong just my two cents as an armchair quarterback.

True, but I think this case is rather unique in terms of the facts. Disney may have had notice of this woman's behavior in the line. I think overall, it's a close case and that Disney will eventually settle out of court for a very nominal sum.

[mdricks]

True, but I think this case is rather unique in terms of the facts. Disney may have had notice of this woman's behavior in the line. I think overall, it's a close case and that Disney will eventually settle out of court for a very nominal sum.

Notice of prior propensity for violence might make a difference here. (note my disclaimer) Nonetheless it would have to be of a significant quality or quantity for me to be impressed. Id be more worried about the jury pool.

If Mickey wants to try it, Im willing!!:judge: :D

[JohnnyJayhawk]

If Mickey wants to try it, Im willing!!:judge: :D

I've got second chair. ;)

[mdricks]

A legal dream team is born!! Come'on Mickey lets go get 'em.

Of course we have to get this tried before college football season or the team may experience "conflicts of interest".

Go Mizzou! :ref:

[Simba's Mom]

I somewhat remember the incident being described at the time it happened. The case involved a family line-cutting another family in Fantasyland-if anyone gets Court TV, it's covering the case now in court. Can anyone refresh my memory as to what exactly happened at the time?

[KylesMom]

Is this the infamous "Tea Cup" incident where one lady basically was beating on another 'cause she thought she was being cut?

[dumbo ears]

Ya i remember that. one cut the other and they had a battle royal right there. I dont blame them with the really tight spaces in the line.

[#1donaldfan]

....wait.....you don't blame them for throwing down right there, in front of all the kids ???

....cutting line is ignorant, and ignorant people are the ones who normally do it, but to engage in a full blown, toe to toe, knock down drag out, that's just plain silly.....

...really, in all seriousness, how much longer would that person had to wait as the others passed 'em by.....

....if it's that bad, and you HAVE to throw down, take it to the "tree line" outta sight of all those who just might see "you" get your feelings hurt.......nuff said...:mickey:

[BigRedDad]

Unfortunately, WDW has taken and hands-off approach to line cutting. If WDW implemented a policy on line cutting and enforced it, then things like this would not happen. How many times are you going to wait in a line and continuously watch people jump in front of you? These groups from foreign countries send one person in lien then expect to let 16 people jump in with them.

The solution is simple: revoke their park tickets after a single warning. This includes their APs, MYW tickets, day passes, or whatever pass they have. Imagine on the first day on a new AP and you have it revoked. It will make you think twice about line cutting.

[Ian]

The solution is simple: revoke their park tickets after a single warning. This includes their APs, MYW tickets, day passes, or whatever pass they have. Imagine on the first day on a new AP and you have it revoked. It will make you think twice about line cutting.As much as I agree with your sentiment, I have to ask ... how would you track who had been issued a warning??? Would they have to wear like a scarlet letter or something?

Mostly joking ... in reality I totally agree. Disney used to have very strict rules you had to follow or they'd kick your rear-end out of the park. Now they're so terrified of losing a couple bucks they don't even bother.

Actually, I think it's more an attitude at the management level where they side with the guests against the CM's all the time. The CM's learn quickly not to do anything that could result in a guest complaining about them.

[Imagineer1981]

wow:mad:

[brownie]

As much as I agree with your sentiment, I have to ask ... how would you track who had been issued a warning???

You could scan their park ticket and track it that way.

[CaptainSad]

Can I ask a question? Doesn't Disney have LLC (Limited Liability Company) status somewhere? I think I have seen Walt Disney Company, LLC or Walt Disney Parks and Resorts, LLC. If they do, you could sue for billions. Your not going to get anything. They will most likely settle out of court just to make the woman happy. Then I would say they will tell her she is no longer welcome at any Walt Disney park.

[Closet Disney Fan]

Here ya go just one more example of the increasing United States population that feels it is necessary to fight with their pocketbooks. Seriously just **** it up and take the woman to court but no of course they go after Disney because thats where the bucks are. This type of behavior is terrible that people have to be so shallow they continue behavior like this. I'm only 19 and this seems like an issue i might have seen in middle school .It's time for people to grow up and hold themselves to the accord of an adult.

[Roland]

You didn't really think this case was over with, did you? :nono:


'Teacups' beating victim sues Disney
Last month, an Orange County jury convicted Walker of battery. During the trial, Krause and several witnesses testified that she was beaten and kicked by Walker because Walker was upset that she and members of her church group lost their place in line.


That's some tough church! Just kidding folks and I can understand the frustration when people line jump however there has to be more to this story than the simple facts in this story.

The only liability on Disney's part was enforcing their own rules regarding line jumpers and that they be forced to go back to the end of the line.

Disney cannot be held responsible for the intent and actions of their patrons. Goodness gracious, Disney is not the devil here. :thedolls:

[Granny Jill A]

[QUOTE=BigRedDad;1781747]Unfortunately, WDW has taken and hands-off approach to line cutting. If WDW implemented a policy on line cutting and enforced it, then things like this would not happen. How many times are you going to wait in a line and continuously watch people jump in front of you? These groups from foreign countries send one person in lien then expect to let 16 people jump in with them.QUOTE]

We saw an enormous tour group push and shove through the Star Tours line we were in. It wasn't fastpass either. We just stood there while they disappeared around the corner. Then something funny happened. They all reappeared and pushed their way through the line going the opposite direction. It turned out their tour guide told them to get in the wrong line.