'Teacups' victim suing Disney

[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" )

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.

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!!

[JohnnyJayhawk]

If Mickey wants to try it, Im willing!!

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!

[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...

[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

[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?


'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.

[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.