'Teacups' victim suing Disney

[Ed]

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


'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 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

Ok Ill get down now

[medic9016]

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

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

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?

[Stich8818]

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

[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

[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.

[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?

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!

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.

[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!) 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.