Case details

Park knew of maintenance issues with ride, plaintiff alleged

SUMMARY

$8000

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
neurological
FACTS
On Nov. 27, 2009, plaintiff Jose Martinez, 49, a filmmaker who is disabled and uses a wheelchair, visited the Disneyland amusement park in Anaheim, with his wife, plaintiff Christina Buchanan. While in the “goodbye tunnel” on the “It’s a Small World” ride, the ride stopped, causing Martinez and the other passengers to be stuck for 30 minutes. Martinez claimed that when other guests were evacuated, he was left remaining and immediately complained of panic attacks related to his pre-existing panic disorder, but Disneyland employees never called the Disney fire department’s Emergency Response Team. Martinez claimed that because he could not leave the ride to urinate, he developed dysreflexia, which raised his blood pressure to dangerous levels and did not stabilize until three hours later. Martinez sued The Walt Disney World Co. and Walt Disney Parks and Resorts Inc. He alleged that the defendants’ negligence was in violation of the Americans with Disabilities Act, the Unruh Act and the California Disabled Persons Act. Buchanan, Martinez’s wife, also sought recovery for negligence, but the court dismissed her claim. The court also denied Martinez’s ADA claim, at summary judgment, regarding the emergency evacuation procedures. In addition, a separate settlement was reached prior to trial relating to other alleged physical access violations under the ADA for the height of the first aid counter. At trial, Martinez’s counsel contended that Disneyland was aware the subject ride broke down frequently and that passengers with disabilities could become stuck for extended periods. Counsel also contended that though Disneyland had a written policy to warn guests with disabilities, the park was not following it. As such, Martinez’s counsel argued that the park was negligent by failing to maintain appropriate procedures to warn of a known risk and by not calling the Emergency Response Team for evacuation of a disabled patron. In addition, counsel contended that Disneyland’s first aid center had physical access barriers that interfered with Martinez’s rights under the ADA. Defense counsel contended that passengers seated ahead of Martinez were evacuated when the ride stopped because they could be easily evacuated, but that the majority of the passengers, including Martinez, were not taken off the ride until later. Counsel also contended that the paramedics were called immediately and that Martinez did not know the call was made. Accordingly, counsel contended that when Martinez asked the employees to contact the paramedics, the employees knew the call had already been placed. Thus, defense counsel argued that the park believed it provided appropriate assistance during the incident., Martinez claimed that because he could not leave the ride to urinate, he developed dysreflexia, an emergency medical condition that elevated his blood pressure to serious levels. He also claimed that when other guests were evacuated, his pre-existing panic disorder was aggravated, causing him to immediately complain of panic attacks. As a result, an ambulance was summoned twice and Martinez’s blood pressure did not stabilize until three hours after the ride broke down. Thus, Martinez sought recovery of damages for his pain and suffering.
COURT
United States District Court, Central District, Los Angeles, CA

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