I am sure jcb is writing a blog about this law suit being settled

Discussion in 'The DIS Unplugged Podcast' started by disney david, Mar 26, 2013.

  1. disney david

    disney david DIS Veteran

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  3. jcb

    jcb always emerging from hibernation

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    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.
     
  4. disney david

    disney david DIS Veteran

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    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.
     
  5. Justin Jett

    Justin Jett <font color=darkorchid>I will do my Elvis impressi

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    This is ridiculous, stupid, and annoying.

    This ADA violation crap has to stop!
     
  6. mrsksomeday

    mrsksomeday My Prince uses a power wheelchair!

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    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?
     
  7. k5jmh

    k5jmh When Yuba plays the Rumba on his Tuba...

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

    SueM in MN combining the teacups with a roller coaster Moderator

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    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!
     
  9. Justin Jett

    Justin Jett <font color=darkorchid>I will do my Elvis impressi

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    ::yes::
     
  10. roomthreeseventeen

    roomthreeseventeen Inaugural Dopey Challenge finisher

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    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.
     
  11. jcb

    jcb always emerging from hibernation

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    The parties stipulated to certain facts:
    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.
     
  12. Justin Jett

    Justin Jett <font color=darkorchid>I will do my Elvis impressi

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    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!
     
  13. roomthreeseventeen

    roomthreeseventeen Inaugural Dopey Challenge finisher

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

    Justin Jett <font color=darkorchid>I will do my Elvis impressi

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    Dude got paid, and so did his attorney.
     
  15. jcb

    jcb always emerging from hibernation

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    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.
     
  16. roomthreeseventeen

    roomthreeseventeen Inaugural Dopey Challenge finisher

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    jcb, half the money was for pain and suffering.
     
  17. jeanigor

    jeanigor DIS Veteran

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    Specifically this gentleman, who according to the record stated earlier, has settle over 30 suits on similar grounds.
     
  18. jcb

    jcb always emerging from hibernation

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    No dispute there but in context, $4000 for emotional distress damages in Southern California is a pittance.
     
  19. Justin Jett

    Justin Jett <font color=darkorchid>I will do my Elvis impressi

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    Exactly!!!!:thumbsup2
     
  20. roomthreeseventeen

    roomthreeseventeen Inaugural Dopey Challenge finisher

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    Yep, totally true. I just don't understand why people are mad at the plaintiff. Be mad at the judge for siding with him.
     
  21. Justin Jett

    Justin Jett <font color=darkorchid>I will do my Elvis impressi

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    The dude clearly has a smooth attorney, who knows that the ADA is flawed and unfair.

    He has a history of doing this.

    People like this give disabled people a bad reputation.

    Maybe he will be a Segway with his $8000
     

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