Mad Tea Party Line Fight Lawsuit Update

[dnickels]

From the Orlando Sentinel
http://www.orlandosentinel.com/news/local/breakingnews/os-disney-fight-lawsuit-20111103,0,1299299.story

Short version, they did find Disney security negligent, but they awarded the woman a big fat zero in damages.


An Orange County jury this afternoon found that Walt Disney World was negligent in its security when a woman was attacked by another woman while waiting in line at the theme park's Mad Tea Party ride, WFTV reported.

But the jury did not award damages to Aimee Krause, who filed suit against the theme park in 2008, WFTV reported.

The fight in the Magic Kingdom began May 27, 2007 when Victoria Walker accused Krause of jumping in line leading to the spinning teacups ride.

According to Sheriff's Office reports released at the time, Walker yelled, cussed and shoved two children with Krause as they waited.

Walker was in line with her 11-year-old daughter. Krause had her children, ages 6 and 7, and a friend's two children with her in line.

Walker told deputies Krause elbowed her as they moved through the line and then hit her again. Then, Walker said, Krause "kicked backwards" and struck her.

Krause had just put the second pair of children in a teacup when Walker kicked her from behind.

The Sheriff's Office report said Walker then grabbed Krause from behind and began beating her.

Krause's doctors eventually diagnosed a concussion, a herniated disk in her cervical spine and post-traumatic seizures.

When deputies learned that information, they issued a felony warrant and had Walker arrested in Alabama.

[Dsnygirl]

I am shocked she wasn't awarded damages with those injuries... none of it would have happened if security had stepped in properly. :confused: If you find security negligent, then that means they didn't do their job... and if that results in personal injury, you'd think she'd have been given something for the injuries. Hoping the woman who attacked has to pay from HER insurance company, at least!! You may not like a line-jumper, if that is indeed what happened, but to grab someone from behind and beat them to the point they have a concussion and cervical spine damage?? That is beyond ridiculous, and she has some SERIOUS issues. :(

[joonyer]

I am shocked she wasn't awarded damages with those injuries... none of it would have happened if security had stepped in properly. :confused: If you find security negligent, then that means they didn't do their job... and if that results in personal injury, you'd think she'd have been given something for the injuries. Hoping the woman who attacked has to pay from HER insurance company, at least!! You may not like a line-jumper, if that is indeed what happened, but to grab someone from behind and beat them to the point they have a concussion and cervical spine damage?? That is beyond ridiculous, and she has some SERIOUS issues. :(

I highlighted the part of your post that is most likely the reason the jury did not award damages. For damages to be awarded, the negligence must be the proximate cause of the injuries received. Either the jury found that Disney security (or lack thereof) was not the cause of the injury, or they may have found that the plaintiff failed to adequately prove she was in fact injured. Allegations are one thing. Proof is another.

[Dsnygirl]

I highlighted the part of your post that is most likely the reason the jury did not award damages. For damages to be awarded, the negligence must be the proximate cause of the injuries received. Either the jury found that Disney security (or lack thereof) was not the cause of the injury, or they may have found that the plaintiff failed to adequately prove she was in fact injured. Allegations are one thing. Proof is another.

Ahhh... hadn't thought of that. Wonder if Disney stepped in and settled with her at all... it's not like them to not find some kind of sympathy for their guests in cases like this. And there is probably more to the story than we've heard... this is the first I've read of it, didn't remember it back when it happened.

[Goofy4TheWorld]

Where was Disney negligent in this case?

edit...After reading the article I see no mention that Disney was found negligent at all???

[dnickels]

Where was Disney negligent in this case?

edit...After reading the article I see no mention that Disney was found negligent at all???

They've changed the text at the link in the sentinel article. The original text that I copied above said that Disney had been found negligent. Now there's no mention of that at the link.

[Scar]

They've changed the text at the link in the sentinel article. The original text that I copied above said that Disney had been found negligent. Now there's no mention of that at the link.Another fine job of reporting at The Sentinel.

[VWL Mom]

They've changed the text at the link in the sentinel article. The original text that I copied above said that Disney had been found negligent. Now there's no mention of that at the link.

Holy moly, there's a totally different version of the linked story now than there was earlier.

[magicofdisney]

Why isn't she suing the lunatic that actually caused the damage. :confused:

[BrerGnat]

Why isn't she suing the lunatic that actually caused the damage. :confused:

Because there isn't any money in that...duh! ;)

[Mousemates]

Why isn't she suing the lunatic that actually caused the damage. :confused:

lunatic = empty pockets
disney = deep pockets

[crltkcagle]

OMG these people are insane! We were actually there during that time and I am so glad we did not witness this. Talk about taking away the magic! I think they should ban that crazy woman from Disney if she is going to get in a fight over a teacup ride!

[A Big Kid]

Fighting over ghe teacup doesnt seem so far-fetched to me. My wife always gets to the verge of smacking me upside the head when I make her ride them.

[CU Tiger]

I think it is absurd that Disney was at fault at all.:shake: I guess there should be a couple of security guards at each ride and everywhere you turn. Even this would not stop an instantaneous outbreak of violence between two customers. This same thing could happen at your local grocery store. How fast would the police show up or would it be the responsibility of the store to have security in each line as well? We are going away from a country with common sense. Just my :twocents::mickey:

[Scott C]

I for one, wish that there was a little more security around. I wish CM's were instructed to call in security a little more often. I have been witness to a couple of situations over the years where guests should have been escorted from the park while the cm has just ignored the situation.

Thanks
Scott C

[Ms. Mode]

If I read the original article correctly the Krause woman dropped the part of the lawsuit that said she was seriously hurt. So, when will the Walker woman file against the Krause woman for having her arrested?:D

[azcavalier]

Yeah....I would fight over trying to get *away* from the teacups....not trying to get on one. I can't stand that ride. Paying for the right to get nauseous.