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Old 02-09-2011, 10:35 AM   #16
disneychic2
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I am glad there have been great strides in making public places more user friendly for our disabled friends. More needs to be done for sure. Having said that, I question this man's motives. If, as stated, his lawsuit is to make it safer for everyone, then why ask for money?
Just wondering.
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Old 02-09-2011, 10:37 AM   #17
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Quote:
Originally Posted by roomthreeseventeen View Post
In the 40 minutes stranded on the ride, Martinez suffered from dysreflexia, a condition experienced by those with spinal cord injuries caused by stress and overstimulation. Dysreflexia can lead to a stroke or death.
But it didn't. I'm sure it was scary at the time but in the end he didn't die and didn't have a stroke. From what I can see there were no lasting negative medical consequences. Of course I'm not a doctor so I'm just going on the limited information in the article. If there are more details that come out I'll have to adjust my opinion.

This isn't so much about this case but tort reform in general. I don't think people should sue because they are inconvenienced, offended, for what could have but didn't happen, or anything similar. JMO of course.

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Well, the point of his lawsuit, I think, is that the American Disabilities Act has procedures in place to make sure he doesn’t get stuck anywhere for 40 minutes, and his claim is that Disney violated the law by not evacuating him sooner.
That very well may be the case but if it is then Disney owes a fine for violating the ADA, not money to this guest. If there is a problem Disney 100% has to address it and correct it, that doesn't mean they have to pay out damages though IMO.
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Old 02-09-2011, 10:48 AM   #18
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Originally Posted by lugnut33 View Post
Hence my point about getting stuck in LA traffic.

I am really sorry that Mr. Martinez has this condition, that's very sad. However maybe simply being outside at a place (DL or the surrounding area) that is known to have delays (heck, people get delayed for 40 minutes simply trying to get to the parking lots off Harbor Blvd.) is simply a bad idea to begin with given his condition?
I think it's a little different being stuck in traffic. In this situation Mr Martinez was not in his own vehicle, but on a Disney attraction that Disney is responsible for. Allegedly, they were evacuating other guests but not Mr Martinez. I am truly not defending the guy, but if they were evacuating able guests, Mr Martinez should have been able to be evacuated also.

And maybe there were coming to get him or putting his evacuation into place, 40 minutes really is not all that long, I totally agree, he may very well be just after the money, but I also think he, or any disabled person, should expect to be evacuated in a reasonable amount of time when other guests are being evacuated. I don't know what would be considered reasonable though.
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Old 02-09-2011, 10:52 AM   #19
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Sounds like yet another "advocacy group" looking for publicity, to me.

Disney is very concerned about safety. If there was DANGER, they would have gotten the man off the boat, even if the wheelchair had to be left behind.

The ADA was put in place to level the playing field,.....not to give disabled people a false sense of entitlement!

My problem with things like this is that Disney is THE BEST company when it comes to accomodations for disabled people! Some disabled "advocates" have said that Disney is NOT the best, but have yet to say who does it better than Disney.

My fear is that if silly lawsuits continue to pop up like this, Disney will one day stop putting the care and effort into accomodating the various needs of disabled people. Such care and effort means so much to so many disabled people. It would be a shame if that was ever to be cut back, or Disney just lost interest because they get sued at every turn.

Until someone can name a specific company of government entity that puts as much care and effort into accomodating special needs as Disney does.....these "advocacy groups" need to go jump in the lake, and leave the mouse alone!!!!!!!!
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Old 02-09-2011, 10:58 AM   #20
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Preach on Justin, Preach on!!
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Old 02-09-2011, 11:31 AM   #21
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ok, so was it 40 total minutes or 40 after everyother passenger? If it was total minutes just be glad they got you out of there. We spent that long stuck on POTC trip before last-my kids were in full meltdowns and tears but they didn't evacuate any of us.
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Old 02-09-2011, 02:40 PM   #22
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I think Disney should of kept a Cast Member with him- so he knew what was going on, and so he knew he wasn't going to be abandoned. Apart from that there is nothing much more they can do. If Disney had tried to evacuate where is wasn't safe and caused him even more injury, then they really would get themselves in a legal stranglehold.

Hopefully Disney made up for the inconvenience at the time.
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Old 02-09-2011, 11:09 PM   #23
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]It is correct that Autonomic Dysreflexia (AD)can be life threatening - and pretty quickly too, if it’s not treated. I have not heard of it being caused by stress though. It is usually caused by something that would be physically painful for someone without a spinal cord injury. Since the person can’t feel it, the body’s reaction goes overboard trying to ‘fix’ the situation.
http://sci.washington.edu/info/forums/reports/autonomic_dysreflexia.asp[/URL"]Here’s a pretty good article about it.

If he did have AD during the wait, I can see why it would have been very distressing to him - part of the teaching for any patient with a spinal cord injury really emphasizes the fact that AD needs to be handled right away or it can kill you.

It’s hard to comment without knowing Disney’s side of the story too, but it sounds like his boat stopped in a place where it was not physically possible to get him out of the boat. That could have happened even if they had wheelchair accessible ‘rescue’ points every 20 feet. It does sound like he would have benefitted from some extra communication or even a CM staying with him, as wishspirit pointed out. It sounds like his panic level got high and then just kept building; a CM or at least frequent updates may have helped him.
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Old 02-09-2011, 11:35 PM   #24
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I just read an article in OC Register about the lawsuit. It seems, according to Mr Martinez that he was in distress and told a CM he needed medical attention.

Here is the article in the OC Register....it has a little more information. Paramedics were called, so it might have been more than an inconvienance.
http://www.ocregister.com/news/ride-...z-lawsuit.html

And this from the article.......... Quote.....======================
While waiting for help, Martinez suffered from dysreflexia, a medical condition that can cause death if untreated, the suit states. For people with spinal-cord injuries, stress can prompt sudden high blood pressure that can lead to stroke or death, according to WebMd.

"It feels like an ice pick going through your temples," Martinez said. The pain was exacerbated "especially when you couple that with the continuous, 'small world' music in the background."

Martinez told employees that he needed to get off the ride immediately, but he wasn't able to leave until the ride started up again and went to the dock exit, he said. A nurse met him there, took him across the park to a first-aid station and called paramedics. The nurse gave Martinez blood-pressure medicine, as well.

Disney sent Mickey Mouse and Minnie Mouse to perform for Martinez at first aid

================================================== =======
Could that last part about Mickey and Minnie even be true?
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Old 02-09-2011, 11:36 PM   #25
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Local CBS news coverage includes video shot by Martinez on the ride.
http://losangeles.cbslocal.com/2011/...n-emergencies/
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Old 02-09-2011, 11:52 PM   #26
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Quote:
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Local CBS news coverage includes video shot by Martinez on the ride.
http://losangeles.cbslocal.com/2011/...n-emergencies/
Ummmmm.....no.....this is, well.....ya know.

These rediculous lawsuits need to stop. He did not take action until he spent a year FINDING A GROUP to "help him".
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Old 02-09-2011, 11:58 PM   #27
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If there was danger, Firefighters/EMTs could carry him off, and put him on a stretcher or courtesy chair until they could get his chair off the boat.

Whats next???? A muster drill on It's A Small World????
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Old 02-10-2011, 03:42 AM   #28
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Gosh, I'd hate to see how much this guy would be suing Universal for if he wanted to go on the Harry Potter ride the first day.

Unfortunately, this person puts the great work that Disney does for everyone, disabled or not, in the background. I'm going to WDW with my mom who is celiac, and have got more information and help from them than I could ever hope for.
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Old 02-10-2011, 08:34 AM   #29
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From reading the first link and the version of the story, I truly wonder what kind of case he has.

1. someone more familiar with the ADA can probably correct me if I'm wrong, but my understanding is that the ADA has provisions to allow structures and attractions predating the ADA some leeway when it comes to it's adherence to the ADA guideline. Small world at Disneyland dates to the '64 World's Fair.... LONG before the ADA. While some modifications have been made to accommodate those with disabilities.... such as the addition of wheelchair boats over the years, the area inside the attraction hasn't gone thru any MAJOR changes that would require conforming to current laws/guideline. I don't think Painting and adding a couple figures (and repairing others) counts as major work.

2. There is a very big difference between an emergency evacuation, and a courtesy evacuation. The article did not mention what kind of evac it was. Disney would have procedures in place to ensure ALL GUESTS were evacuated in the case of an emergency evac. If however this was a case of a courtesy evac.... meaning a technical difficulty preventing smooth running of the ride that may have guests waiting for a prolonged period of time... Those procedures would likely be very different. ESPECIALLY if the guest has a spinal injury, I do not doubt that CM's would determine that the risk of aggravating the guest's injury would outweigh the apparent danger he was in if he waited.



Remember, how many people here had to look up the disorder the guest had, or relied upon the description in the article? How are CM's supposed to know every possible medical condition and all of it's possible complications?

Now.... I won't deny that they may have been able to handle the situation better, but I wouldn't fault a CM for erring on the side of caution when they heard "spinal injury" and not assisting the guest off the attraction manually. We also don't know the reason/cause of the ride stoppage and his boat's location, which could've been something where it was easier/quicker to try and get his boat to a dock then get the resources and find a way to move him off the boat where it was located.
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Old 02-10-2011, 10:25 AM   #30
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Interesting that HE should mention the Small World background music adding to his pain and suffering-----making it all sound more suspect than I originally thought.
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