Case details

Disneyland patron could not prove cause of fall: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, bruise, face, fracture, leg, nose
FACTS
On July 1, 2009, at approximately 8:30 p.m., plaintiff Linda Gonzalez, 48, a nutritional consultant, went to Goofy’s Kitchen, a themed restaurant on the Disneyland property, along with some friends and family. As she walked up an escalating ramp to overlook the buffet so she could take photos of a performance by Disney characters, she slipped on a wet surface, causing her face to strike a guardrail. Gonzales claimed a nasal fracture and some minor bodily bruises. Gonzalez sued Walt Disney Parks and Resorts U.S. and The Walt Disney Co. She alleged the defendants failed to properly and timely address the wet surface, creating a dangerous condition. Gonzalez claimed that she slipped on a wet surface, most likely created by water spilling from the clearing of dishes on the ramp. She contended that within minutes of slipping, her family and friends came to her side and saw the wet surface. Gonzalez further contended that staff at the restaurant immediately called a cleanup crew to clean up the alleged spill and blood, proving the floor was wet. However, she denied there being any blood on the guardrail. Defense counsel contended that no wet surface existed, and that Gonzalez must have tripped over her shoe, causing her face to hit the guardrail. Counsel noted that the plaintiff’s witness accounts were contradicting as far as who arrived to Gonzalez’s side and when. In addition, defense counsel contended that the manager of the restaurant wrote an accident report, which did not include any information about a wet surface, even though the area was blocked off. Defense counsel filed two demurrers prior to trial, which were rejected. Counsel also moved for summary judgment and to compel, which were also denied. Defense counsel also took seven depositions prior to trial, several from the plaintiff, with one being videotaped., Gonzalez claimed the staff at Goofy’s Kitchen initially denied her medical treatment, claiming she was fine, but eventually called an ambulance. Gonzalez broke her nose and had to undergo a reconstructive rhinoplasty three months after the incident. She also claimed some minor bruises to her back and knees, for which she treated with some physical therapy. Gonzalez claimed she missed four weeks of work after the incident and another two weeks post-surgery. She also claimed she was the director of the Miss Artesia Pageant, but could not perform her duties for one year post-incident. Gonzalez alleged that she is now fully healed, but was limited in activities and caring for her children during her year-long recovery. Gonzalez claimed $15,000 in past medical costs. She also sought recovery of approximately $9,000 in damages for her past lost earnings and $25,000 in damages for her past pain and suffering.
COURT
Superior Court of Orange County, Santa Ana, CA

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