California State Court of Appeals Uphold Disneyland Ban on Segways

[jcb]

The California Court of Appeals has agreed with Disneyland that Segway use in the theme park is not safe. From the decision.

We find Disney established it is entitled to judgment as a matter of law in that it demonstrated a Segway is an unstable two-wheeled device that could accelerate quickly, either forward or backward, and injure the rider and/or others if the rider is bumped. The undisputed expert evidence showed Segways cannot be used safely in Disneyland crowds due to its method of operation. In all of the papers submitted, there is no evidence showing the Segway can be safely used at Disneyland except Baughman‟s inconsequential declaration that she has never had an accident while using her Segway. There was no evidence that Disney‟s procedures amounted to a lack of a reasonable accommodation.

Wait, you say, isn't the Segway thing over?

This is essentially the same lawsuit filed in federal court (which has also been dismissed). A year or so ago, the federal court dismissed the action. That dismissal was later revered by a federal court of appeals in a rather snippy decision. At the same time, the federal court dismissed state law disability discrimination claims in a way that let Ms. Baughman sue in state court.

Significantly, Today's decision is actually the first appeals court decision to actually hold that Segway use in a crowded theme park would be too unsafe to permit it. The class action settlement didn't go quite so far, saying Disney was likely to be able to prove Segway use was not safe.

This isn't the last word, yet. Baughman could ask the California Supreme Court to reverse this decision.

If you want to read the decision, you can do so at this link:
http://www.courts.ca.gov/opinions/documents/G046470.PDF

 

[disney david]

The California Court of Appeals has agreed with Disneyland that Segway use in the theme park is not safe. From the decision.



Wait, you say, isn't the Segway thing over?

This is essentially the same lawsuit filed in federal court (which has also been dismissed). A year or so ago, the federal court dismissed the action. That dismissal was later revered by a federal court of appeals in a rather snippy decision. At the same time, the federal court dismissed state law disability discrimination claims in a way that let Ms. Baughman sue in state court.

Significantly, Today's decision is actually the first appeals court decision to actually hold that Segway use in a crowded theme park would be too unsafe to permit it. The class action settlement didn't go quite so far, saying Disney was likely to be able to prove Segway use was not safe.

This isn't the last word, yet. Baughman could ask the California Supreme Court to reverse this decision.

If you want to read the decision, you can do so at this link:
http://www.courts.ca.gov/opinions/documents/G046470.PDF

i wait for the jcb blog their is no better blog or writings about legal items then wen jcb writes a blog.