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-   -   I am sure jcb is writing a blog about this law suit being settled (http://www.disboards.com/showthread.php?t=3086627)

disney david 03-26-2013 08:27 PM

If this was any other company they wouldn't settle but since Disney dose not want to look like the bad guy they decided to settle with him with his past of law suits I am sure he will come up with another one one the money runs out.



.http://www.foxnews.com/us/2013/03/26...ide-for-hours/

jcb 03-26-2013 09:02 PM

Quote:

Originally Posted by disney david (Post 47921031)
If this was any other company they wouldn't settle but since Disney dose not want to look like the bad guy they decided to settle with him with his past of law suits I am sure he will come up with another one one the money runs out.



.http://www.foxnews.com/us/2013/03/26...ide-for-hours/

This wasn't a settlement. Disney tried this case last week and the judge issued a decision yesterday. I hadn't been able to find out what happened other than that the judge ruled for Disney on some claims, including the claim that Disney violated the ADA in not evacuating him, and for Martinez on the other.

What was left was a simple negligence claim and (I think) a "signage" claim over where Disney must post signs to accessible bathrooms.

I figured the plaintiff's lawyer would run out and call the newspaper. Thanks David for the story link. The story is inaccurate in at least one respect. Martinez visited in late November when holiday music would have been playing.

disney david 03-26-2013 09:09 PM

Quote:

Originally Posted by jcb (Post 47921427)

This wasn't a settlement. Disney tried this case last week and the judge issued a decision yesterday. I hadn't been able to find out what happened other than that the judge ruled for Disney on some claims, including the claim that Disney violated the ADA in not evacuating him, and for Martinez on the other.

What was left was a simple negligence claim and (I think) a "signage" claim over where Disney must post signs to accessible bathrooms.

I figured the plaintiff's lawyer would run out and call the newspaper. Thanks David for the story link. The story is inaccurate in at least one respect. Martinez visited in late November when holiday music would have been playing.

I knew i should leave it to you to handle these stories since you explain it better then Could ever do after his legal fees wonder how much he get it funny he sues for being stuck I the ride And Disney gets trouble for bathrooms.

Justin Jett 03-26-2013 09:10 PM

Quote:

Originally Posted by jcb (Post 47921427)
This wasn't a settlement. Disney tried this case last week and the judge issued a decision yesterday. I hadn't been able to find out what happened other than that the judge ruled for Disney on some claims, including the claim that Disney violated the ADA in not evacuating him, and for Martinez on the other.

What was left was a simple negligence claim and (I think) a "signage" claim over where Disney must post signs to accessible bathrooms.

I figured the plaintiff's lawyer would run out and call the newspaper. Thanks David for the story link. The story is inaccurate in at least one respect. Martinez visited in late November when holiday music would have been playing.

This is ridiculous, stupid, and annoying.

This ADA violation crap has to stop!

mrsksomeday 03-26-2013 09:40 PM

Quote:

Originally Posted by jcb (Post 47921427)
What was left was a simple negligence claim and (I think) a "signage" claim over where Disney must post signs to accessible bathrooms.

We go to WDW all the time so I don't have any DL reference point, but at WDW all the bathrooms are accessible. Is that not the case at DL? Do they mean companion bathrooms?

k5jmh 03-26-2013 10:01 PM

Quote:

Originally Posted by mrsksomeday (Post 47921747)
We go to WDW all the time so I don't have any DL reference point, but at WDW all the bathrooms are accessible. Is that not the case at DL? Do they mean companion bathrooms?

DL is grandfathered on many ADA issues because of when most of the park was built.

SueM in MN 03-26-2013 10:14 PM

I like the way the headline says:
Disabled man gets $8,000 after being stuck on Disney's 'Small World' ride for hours

But, the text of the article says:
An attorney says a disabled man was awarded $8,000 by Disneyland after the "It's A Small World" ride broke down, stranding him for a half hour while the theme song played continuously.

Nothing like an accurate headline!

Justin Jett 03-26-2013 10:15 PM

Quote:

Originally Posted by k5jmh (Post 47921916)
DL is grandfathered on many ADA issues because of when most of the park was built.

::yes::

roomthreeseventeen 03-27-2013 08:32 AM

FYI, the three hours is what it took for the plaintiff to medically stabilize after being evacuated.

I think this was a relatively good verdict. Even if Disneyland is "grandfathered" from ADA rules, Disney is renowned for specifically going out of its way to cater to special needs, and the court found that they did violate disability laws in this case. As someone who has suffered from panic attacks in the past, they are not only not fun, but can be very medically dangerous.

$8,000 is not a lot of money. The moral victory is enough.

jcb 03-27-2013 09:42 AM

The parties stipulated to certain facts:
Quote:

a. On Friday, November 27, 2009, the day after Thanksgiving, Plaintiff Jose R. Martinez (Martinez), who is a quadriplegic and Christina Buchanan
(Buchanan), his wife, visited Disneyland.
b. Martinez cannot transfer out of his wheelchair without substantial assistance.
c. At all times while at Disneyland, Plaintiffs had with them, hanging on the back of Martinezs wheelchair, a backpack that contained his blood pressure medication, his anxiety medication and equipment used by Buchanan to catheerize Martinez to empty his bladder.
d. That day, Plaintiffs rode the Its a Small World attraction (Small World).
e. The Small World Operating Guide provides: Inform the Guest traveling in a wheelchair that a ride vehicle is available that can accommodate the wheelchair.
f. The Small World Operating Guide provides: Inform the Guest traveling in a wheelchair that there is limited time for loading and unloading.
g. The Small World Operating Guide provides: Inform the Guest that in the event of a breakdown and/or evacuation, he may be required to walk certain distances, to negotiate stairs or narrow walkways, to have a companion assist or carry him, or to wait for an extended period of time in the vehicle for assistance.
h. Plaintiffs boarded a Wheelchair Accessible Vehicle (WAV boat), which allows guests with mobility disabilities and their companions to ride the attraction without having to transfer out of their wheelchair.
i. Toward the end of the Small World ride, when Plaintiffs WAV boat was just leaving the ride building, the attractions power disconnected and all boats on the ride stopped.
j. Pam Tait (Tait), a Disneyland employee for 12 years and on Small World for three, spoke with Plaintiffs after the ride stopped.
k. Both Disneyland nurses and City of Anaheim paramedics were dispatched to the ride.
l. These paramedics are not Disneyland employees.
m. Before the nurses and paramedics arrived, Plaintiffs WAV boat moved to the load/unload dock and they exited it.
n. Two Disneyland nurses, Lina Geiser (Geiser) and Shannon Helm (Helm), and Disneyland security officer Jeremy Bustos (Bustos) arrived after Plaintiffs had disembarked from Small World.
o. Plaintiffs, accompanied by the nurses, then went to the First Aid Station, where Martinez could be catheterized in a unisex restroom.
p. Once at First Aid, Martinez (with Buchanans assistance) emptied his bladder, hoping to reduce his elevated blood pressure.
q. Disneyland refunded Plaintiffs park admission fee and Plaintiffs went home.
r. Plaintiffs have never sought nor received medical or professional care related to their visit to Disneyland.
s. Martinez has filed and settled over 30 civil suits alleging ADA violations and including claims for emotional distress. In no one of these suits did Martinez recover any monies for emotional distress, although he recovered statutory damages and obtained injunctive relief in most of these suits.
Because the court has still not posted its findings and conclusions, I can only make an educated guess (which I like doing as much as Spock will like doing 200 years from now) about the findings.

As I said, the judge disposed of the ADA claims about the Small World attraction itself. The judge appears to have found Disney employees were negligent in getting Martinez off Small World when the attraction malfunctioned. (There was no dispute that the attraction malfunction lasted "about one-half hour.) I have no clear idea why the judge found Disney was negligent. Comparing the public statements to the court filings, my best guess is that the ruling was based based on Martinez argument that Disney employees failed to "warn" him as "required" by the operational guidelines (e, f, g, above).

Martinez also argued that he was "prevented and deterred from the ability to independently locate restrooms at Disneyland, due to the entities' failure to provide adequate signage to direct persons with disabilities to accessible bathroom facilities." (He argued a lot more but apparently lost those claims). At the end of the trial, the parties filed briefs over whether Disney had to have signage at the First Aid Station saying that there were accessible restrooms inside. Martinez also argued that once he got to the First Aid station, there was no signage directing them to the family restroom.

Disney admitted the First Aid Station did not have exterior signage but argued it was not required by the ADA regulations. They may appeal this decision because, I think (haven't checked) this finding may permit Martinez to recover some attorney fees.

Again, I don't know why the judge found an ADA violation just that, it appears, that $4,000 of the award was the statutory penalty permitted under California law for an ADA violation. (I tried to explain about these same statutory penalties in the visual impairment blog post).

Disney "won" much more than it lost in this lawsuit - having the ADA claims about Small World tossed was a big victory - but no one at Disney is "celebrating" this decision.

Justin Jett 03-27-2013 12:37 PM

Quote:

Originally Posted by roomthreeseventeen (Post 47924015)
FYI, the three hours is what it took for the plaintiff to medically stabilize after being evacuated.

I think this was a relatively good verdict. Even if Disneyland is "grandfathered" from ADA rules, Disney is renowned for specifically going out of its way to cater to special needs, and the court found that they did violate disability laws in this case. As someone who has suffered from panic attacks in the past, they are not only not fun, but can be very medically dangerous.

$8,000 is not a lot of money. The moral victory is enough.

There was probably no NEED for an evacuation. This guy was clearly looking for a deep pocket and a payday.

This just shows how unfair the ADA is to businesses

"I have a hang nail. Pay me."

Things like this are happening too much in today's society. The silliness has to stop!

roomthreeseventeen 03-27-2013 12:39 PM

I, personally, am not willing to dismiss anyone’s panic attack as looking for money. Your mileage may obviously vary.

Justin Jett 03-27-2013 12:44 PM

Dude got paid, and so did his attorney.

jcb 03-27-2013 12:48 PM

Guys, arguing over a panic attack is pointless. I don't mean to minimize the fear - get me in an MRI and I have a good one myself. But this guy had anxiety medication in his backpack and never even asked to take it.

This is one reason I don't think the "panic attack" issue influenced the judge. We won't know for sure until the decision gets released but I am almost positive the judge simply ruled Disney didn't follow its guidelines.

If I were the lawyers, I would have a placard of the guidelines made up and put in the WAV boats.

roomthreeseventeen 03-27-2013 12:50 PM

jcb, half the money was for pain and suffering.


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