Personal Injury Law

Disney World Hit With Personal Injury Suit After Ride Leads to Stroke

By Michael

A tower of terror, indeed.

Opening arguments were heard recently in the trial of a personal injury lawsuit filed by a man who experienced a stroke after riding a famous attraction a Walt Disney World in Florida.

In one of the few injury lawsuits filed against the famed amusement park that made it to trial, 80-year-old Marvin Cohen is suing Disney for an injury he claims he sustained 12 years ago while riding the Twilight Zone Tower of Terror, according to the Orlando Sentinel. The ride is now a part of the park?s Hollywood Studios area.

Cohen?s lawyers made the case that he was physically active, working as a housing developer, before the taking the ride on March 28, 1998.

His attorneys went on to say that while on the ride, Cohen suffered a small tear in an artery going to his brain, which then led to a stroke a few weeks later. They claim the stroke was debilitating, according to the Sentinel.

Cohen?s injury lawsuit differs from other similar suits, in that there is no allegation that anything was wrong with the ride like an equipment failure or a code violation. Instead, the suit is claiming that the ride itself is a danger.

The Tower of Terror is a drop amusement ride. Based on the famous “Twilight Zone” TV show, the ride places guest in a large pod and gently takes them through a possibly “haunted” hotel. At the end, riders experience several short, vertical drops followed by a 13-story plunge.

Cohen?s personal injury lawyers attempted to make the case that the succession of movement and sudden drops can cause whiplash in even healthy individuals.

The lawsuit charges Disney with ignoring safety recommendations from their in-house advisers while building the ride, as well as failing to provide appropriate notice and warning of potential injuries that could happen.

?This case is about the placement of show or entertainment over safety,? Cohen?s lead attorney Barry Novack said during the opening arguments.

Disney?s head attorney Ron Cabaniss said evidence will show that the ride is indeed safe; is frequently tested and monitored for safety; was planned with care; and meets safety regulations, the Sentinel reported.

Cabaniss also said that the high speeds people presumably experience on the ride is largely an illusion supplemented by special effects, and therefore the ride doesn?t exert enough force on a human body to cause injury.

The Orlando Sentinel reviewed hundreds of personal injury lawsuits last year that were filed since 2004 against amusement parks in the central Florida area, including Busch Gardens and Seaworld. The newspaper reported that most of the cases were settled and dismissed and none went to trial.

Full post as published by The Injury Blog on April 29, 2010 (boomark / email).