Man sues Disney over Tower of Terror

[Gator]

Here's what I read on another website:
Walt Disney World is in court defending a lawsuit claiming that the Twilight Zone Tower of Terror attraction is inherently unsafe, and further claiming that it led to a stroke in a then-68-year-old Pennsylvania man 12 years ago. Marvin Cohen, now 80, claims that he suffered a tear in an artery leading to his brain while riding the attraction on March 28, 1998, and that it led to him suffering a stroke 23 days later. His attorneys claim that the ride creates a whiplash effect that can cause serious injury, even to healthy riders.


Once again, someone looking to make a quick buck...12 years later.

[BrerGnat]

Gee...68 year olds NEVER have strokes...it HAD to be the ride.

[Stu29573]

You know, statistically most strokes and heart attacks happen when you first wake up in the morning. Maybe somebody should sue the alarm clock makers....

[vicster]

12 years ago and he's just thinking of it now???

[Missy_Mouses_Dad]

I got the hiccups from laughing while on the TOT. Does that warrant a lawsuit?

[Ian]

Sorry, but I'm not inclined to believe this is accurate. The statute of limitations on suits like this is typically 2 years. I can't possibly envision a scenario in which you'd be allowed to sue 12 years after the fact.

The only way this could be true is if the suit was filed within the 2 year time frame and has been somehow held up and delayed for the last 10 years and is just now heading to court.

[SBETigg]

Sorry, but I'm not inclined to believe this is accurate. The statute of limitations on suits like this is typically 2 years. I can't possibly envision a scenario in which you'd be allowed to sue 12 years after the fact.

The only way this could be true is if the suit was filed within the 2 year time frame and has been somehow held up and delayed for the last 10 years and is just now heading to court.

Yeah, it seems hard to fathom, doesn't it? It's just pretty outrageous in general.

[medic9016]

A torn artery was bleeding for 23 days and he did not die. He should just be happy to be alive. Really hard to believe this story.

[badkitty]

Whiplash on ToT? I can't even image how unless you are goofing around and not riding properly. Now Space Mountain, that is another story. Where are the lawsuits for that ride?

[Touchdown]

His injury is not directly from a "torn artery." His damage is from a tear in the inner lining of his artery that caused his blood to clot there, then some of that clot dislodged from the injury site and traveled up to his brain causing the stroke.

The thing that makes this far fetched is because the process I just described is virtually identical to what happens when an athrosclortic plaque (caused by years of high blood pressure and high cholesterol) ruptures which is very common in his age group. The other problem is there is no way the man can prove that he did nothing in those roughly 3 weeks in between his ride and stroke that could cause the same injury. At first blush, this case has no merit and I suspect is the reason Disney let this one get to trial.

[DisneyLuver91]

Whiplash on ToT? I can't even image how unless you are goofing around and not riding properly. Now Space Mountain, that is another story. Where are the lawsuits for that ride?

Speaking of which, is the jerkiness any better since the refurb? I'd love to not have a migraine after riding this year.

[Jeff G]

It looks like this one is true...


ORLANDO, Fla. -- It's called the Tower of Terror, but one man says the real terror happened after he rode it. He says the ride caused him to have a stroke and now he's suing Disney.

It is extremely rare for a personal injury case over a theme park ride to go to trial and most are settled or dismissed. Marvin Cohen’s incident happened in 1998. It has taken until this week to go to trial.

Cohen said the ride itself is flawed. The man's attorneys argue the ride is dangerous and Disney failed to warn riders of the safety risks.

“Do you have any comment about the case?” WFTV reporter Mary Nguyen asked Cohen.

“No, I cannot comment,” Cohen replied.

Marvin Cohen, 80, would not talk to WFTV about his case against Disney, because his attorney and Disney agreed not to talk to the media about the case until after the trial.

“I'll talk with you after the case is over,” Cohen's attorney said.

Cohen's attorney said his client was physically active when he first rode the Tower of Terror in 1998, but 23 days after he rode it he had a stroke.

When people ride the Tower of Terror they get onto an elevator-like ride; it then drops several floors in a matter of seconds, as well as going back up.

Cohen’s attorney said the ride can create whiplash that can seriously injure riders. An expert witness said she believes the ride caused the stroke.

“This dissection could only have occurred from a severe torsional rotation about his neck that occurs hours to weeks prior to the stroke itself,” the expert said.

Cohen's attorney is not saying the out-of-control elevator ride malfunctioned, but claims Disney failed to give riders an adequate restraint system and doesn't give enough warning for potential injuries.

Disney disagrees and claims the ride is fun and safe for the entire family regardless of age. They argue Cohen had pre-existing conditions and his stroke was not caused by the ride. Disney does have signs posted in front of the Tower of Terror that warn riders with medical conditions not to get on the ride.

The trial will resume Friday morning.

This isn't the first lawsuit filed against Disney over the Tower of Terror, but the other case is a fight to ride the attraction. WFTV reported when Denise Mooty filed a lawsuit in January of 2009. She has internal scarring and says riding the Tower of Terror over and over somehow helps with the pain.

The lawsuit claims a manager told her she could go on the ride only four times per park visit. However, Disney said she was banned after she cursed at a manager. That case is still pending

[seanyred]

When are people going to realize that there are inherent risks in everything we do?

[Touchdown]

Dissections happen to everyone at all times, there is no way to prove it was TOT.

http://emedicine.medscape.com/article/757906-overview

[Dznygrl79]

When I read the article on the Sentinal I was questioning the timing and legal guides, however becuase of the nature of his injury he was not able to file until he was able to be of sound mind so that extended the time frame.
Personally I do have to wonder how the injury ocurred 23 days later...
Also his lawyer is notorious for targeting theme parks including Disney Land.

[DizneyRox]

Won't be long before the judge tells this guy to pound sand.

It's good to see Disney fighting these frivilous suits, although kindof makes it seem they are at fault in the ones they settle to make go away.

[kakn7294]

While I happen to agree with everyone that it seems unlikely that this man can pin his injuries on Disney, we have to all remember that this is the same justice system that awarded millions to the person who spilled hot coffee from McDonald's in her lap because she placed the cup between her legs while driving. Somehow, that act of stupidity was McDonald's fault simply because the cup wasn't marked that the coffee was hot. Stranger things have happened.

[Ms. Mode]

When are people going to realize that there are inherent risks in everything we do?

And, why must we try to get a buck from someone else every time we get hurt?

[Julie_Mouse]

Strongly agree with all the posts about inherent risk. When are people going to stop looking for someone else to blame?

This isn't the first lawsuit filed against Disney over the Tower of Terror, but the other case is a fight to ride the attraction. WFTV reported when Denise Mooty filed a lawsuit in January of 2009. She has internal scarring and says riding the Tower of Terror over and over somehow helps with the pain.

The lawsuit claims a manager told her she could go on the ride only four times per park visit. However, Disney said she was banned after she cursed at a manager. That case is still pending

Am I the only who read this part and went "huh"? Maybe it's just the way the article summarized the case, but is this woman mentally stable?!

[Pagan]

The obvious question is...what on earth is a nearly 70 year old man doing on TOT?