ToT plaintiff seeking new trial

[c&d]

From the Orlando Sentinel:

"Lawyers representing a stroke victim who claims the stroke was caused by Walt Disney World’s Twilight Zone Tower of Terror have asked for a new trial, a week after an Orange County jury decided there was nothing unsafe about the attraction."

Wow, what's wrong with some people. :confused: :shake:

[DizneyRox]

Disney hasn't settled yet... Maybe this time they will, either way, the lawyer get paid. If I were billing $250 a hour, I wouldn't care what my clients wanted me to do...

[Scorpiosammy]

I know that sometimes people really do get hurt on rides sometimes. I research the places we go on there before we ever get on a ride as regulations vary from state to state/

However, I agree with what was found at the trial -- that Disney had nothing to do with these injuries. I wish they would leave well enough alone and concentrate on their recoveries. :)

[RBrooksC]

The guy wants a new trial because he wants to get "free" money a defendant with deep pockets. I hope Disney keeps fighting and I wish there was Torte reform so that guy would have to pay Disney's legal costs.

[NewDVCowner]

The guy wants a new trial because he wants to get "free" money a defendant with deep pockets. I hope Disney keeps fighting and I wish there was Torte reform so that guy would have to pay Disney's legal costs.

Agreed. I was just reading a book that was detailing 'stupid' lawsuits and it really stood out that as long as there was someone to blame that had deep pockets a lawsuit would go forward. Just a regular ol' person, not so much. It's amazing how people will link big companys to an accedent just to get them named on the lawsuit. In one of the cases I was reading about a girl was hit in the crosswalk. Her parents sued the driver of the car that STOPPED for her because he happened to be driving a cable truck. Things have just gotten too crazy!

[mdricks]

A request for a new trial is a prerequisite to appeal. Even if this lawyer thinks the case is dead and gone he is almost obligated to file a motion for new trial to insure his client can seek appeal if they choose to do so. It is filed in almost every big ticket civil case. If the lawyer doesn't file it and the plaintiff wants to appeal he has set himself up for a malpractice claim.
( At least thats how it works up here in MO)

[MarkC]

Victim should have been placed in quotations.
Unfortunately we pay for stuff like this so we're all victims. I've worked in the insurance industry most of my adult life and the stuff we see would make your skin crawl.

[Scorpiosammy]

Victim should have been placed in quotations.
Unfortunately we pay for stuff like this so we're all victims. I've worked in the insurance industry most of my adult life and the stuff we see would make your skin crawl.

I work in the insurance industry as well and I can second your comment about seeing and dealing with crazy stuff! ;) If someone was really hurt I definitely would want them to be paid for their injuries but too many lawsuits now-a-days are just ridiculous..

PS. My post a couple back sounds a bit weird now since my website got edited out, my apologies ;)

[Gusgus]

Victim should have been placed in quotations.


My thought exactly!

Gusgus

[joonyer]

A request for a new trial is a prerequisite to appeal. Even if this lawyer thinks the case is dead and gone he is almost obligated to file a motion for new trial to insure his client can seek appeal if they choose to do so. It is filed in almost every big ticket civil case. If the lawyer doesn't file it and the plaintiff wants to appeal he has set himself up for a malpractice claim.
( At least thats how it works up here in MO)

You are correct, A Motion for New Trial is a routine procedure and is filed the by losing party in probably 95% of cases. (100% in criminal cases).
It is a pre-requisite for filing an appeal and most Motions for New Trial are routinely denied by the trial judge. It's really just a step in the appeal process. After the motion is denied, then the appellant can file his appeal in the next level (appellate) court.

Lawyers with a complete loser of a case even file a Motion for New Trial hoping that they can get the winning party to pay them something to drop the appeal. (Time & Money). This amount is usually (obviously) a smaller settlement demand than was on the table before the verdict. Sometimes, they might get a small settlement this way.

[antngoof89]

This guy is ridiculous. I've ridden that ride a few times and this past time was when I had been experiencing neck pains and nothing hurt any worse than it did before I rode Tower of Terror.

Only problem I have ever had with this ride was when I drank a huge Monster Energy drink before I rode it and my heart was racing insane because of the adrenaline mixed with that drink... obviously a problem I brought upon myself

[BluewaterBrad]

If at first you don't succeed.........................................

[SteveL]

Disney hasn't settled yet... Maybe this time they will, either way, the lawyer get paid. If I were billing $250 a hour, I wouldn't care what my clients wanted me to do...

Just have to wonder if the plaintiff's attorney took it on a contingency basis as opposed to billable hours, and how high (or low) he is in his firm's foodchain.
On another note, I can only dream that our lawyer in DC would bill us at just $250 per hour.