Jury found wdw 100% negligent in my slip & fall in vomit!

[debbienatiss]

We went to Epcot in October of 2007. After exiting the test track ride I SLIPPED AND FELL IN VOMIT!! What happened to me can happen to you. The employee who let us off the ride already had knowledge of the VOMIT by a previous rider who saw it on the ramp and went back up and reported it. This employee left his station and went and looked at it. There was a door there that had stantions and cones which he should have used to block the area. Or he could have stayed there until housekeeping came or he simply could have told us!! This unnecessary and disgusting fall has caused me to have 4 major back surgeries and shoulder rotator cuff surgery. The case first went to trial in February of 2013 and ended in a mistrial. It went to trial again in July of 2014. The jury verdict came back as 100% negligence on the part of Disney. I was very fortunate to have won this victory because Disney has a reputation of winning and they DO NOT LIKE TO LOSE!! For 7 years I was under surveillance. 80 hours to be exact but the jury was shown 4 minutes of surveillance of a garage sale at my home. They had me see one of their psychologists who asked me what happened and determined that I was a MALINGERER!! He attacked my character and tried to convince the jury that I was lying about the pain!! This supposed Dr. Herkoff got paid thousands of $$$$ to try and convince the jury to believe that I am basically beyond psychotic. After the trial I found out that the Disney employee who came to my rescue after she heard me scream when I fell, was told that I had many surgeries before the fall. I never had any surgeries. She was also told by the Disney lawyers that I purposely fell in the VOMIT!! And I was making a frivolous lawsuit to change her mind about her testimony. This is what the Disney lawyers do to guests who get hurt at Disney. I am a mom, a wife and grandmother and I loved Epcot. It was my favorite place to go and unfortunately I still suffer in pain and will be in pain for the rest of my life due to all of the titanium rods and screws in my back. Disney tries to maintain an appearance of a pristine place but when they fail they do not like to admit their faults. This is a true story and THIS CAN HAPPEN TO YOU!

 

[kaytieeldr]

Okay... it's too bad you got hurt but, you won.

It's not likely that it will happen to anyone else for a variety of reasons, but mostly that things (staffing, procedures, etc) have changed over the last more than seven years. So I don't understand the intensity of your "warnings" Are you saying your attorney never said or did anything to cast Disney in a bad light?

 

[kaytieeldr]

.

 

[North of Mouse]

We went to Epcot in October of 2007. After exiting the test track ride I SLIPPED AND FELL IN VOMIT!! What happened to me can happen to you. The employee who let us off the ride already had knowledge of the VOMIT by a previous rider who saw it on the ramp and went back up and reported it. This employee left his station and went and looked at it. There was a door there that had stantions and cones which he should have used to block the area. Or he could have stayed there until housekeeping came or he simply could have told us!! This unnecessary and disgusting fall has caused me to have 4 major back surgeries and shoulder rotator cuff surgery. The case first went to trial in February of 2013 and ended in a mistrial. It went to trial again in July of 2014. The jury verdict came back as 100% negligence on the part of Disney. I was very fortunate to have won this victory because Disney has a reputation of winning and they DO NOT LIKE TO LOSE!! For 7 years I was under surveillance. 80 hours to be exact but the jury was shown 4 minutes of surveillance of a garage sale at my home. They had me see one of their psychologists who asked me what happened and determined that I was a MALINGERER!! He attacked my character and tried to convince the jury that I was lying about the pain!! This supposed Dr. Herkoff got paid thousands of $$$$ to try and convince the jury to believe that I am basically beyond psychotic. After the trial I found out that the Disney employee who came to my rescue after she heard me scream when I fell, was told that I had many surgeries before the fall. I never had any surgeries. She was also told by the Disney lawyers that I purposely fell in the VOMIT!! And I was making a frivolous lawsuit to change her mind about her testimony. This is what the Disney lawyers do to guests who get hurt at Disney. I am a mom, a wife and grandmother and I loved Epcot. It was my favorite place to go and unfortunately I still suffer in pain and will be in pain for the rest of my life due to all of the titanium rods and screws in my back. Disney tries to maintain an appearance of a pristine place but when they fail they do not like to admit their faults. This is a true story and THIS CAN HAPPEN TO YOU!

OK, so sorry for all your problems, but what is the point of your post now?? Your situation, for all intents and purposes, will not be of any help to anyone else.

This is your first post on the Dis, but I really don't understand why you came here with this.

 

[IceSkatingPrincess]

I'm glad you seem to be feeling better, but I don't think the situation is an all too common occurrence at WDW. Not that it doesn't stink that it happened, but it seems pretty unlikely to become a regular issue.

 

[saskdw]

 

[HopperFan]

OK, so sorry for all your problems, but what is the point of your post now?? Your situation, for all intents and purposes, will not be of any help to anyone else.

This is your first post on the Dis, but I really don't understand why you came here with this.

I would have to agree with this. You have already posted your story once before in great detail as a first post and never returned under that user name. I don't understand why another thread was needed.

http://htp.disboards.com/showthread.php?t=3288393&page=17

 

[TheRustyScupper]

. . . This is a true story and THIS CAN HAPPEN TO YOU!

1) Alas, I do not believe this to be a TRUE STORY.
2) There is a nice tale, but not enough facts.
3) Plus, the tale has now been told under two different login names.
4) Things don't seem right here.
5) To Wit:
. . . you would have filed in Orange County, Florida
. . . court records are easily searched on-line
. . . there is no court record of a Disney Case settlement June-2014 thru Sep-2014
. . . searches of surrounding counties shows no settlements in those months
. . . went back to 2007 and looked for accidents at Epcot, and yours is not mentioned
. . . searched for a Disney trial case in Feb-2013
6) Now, if you supply the case number, which all litigants have, we can prove
. . . if this is a "TRUE STORY"
. . . if there was a settlement against Disney, even if terms are not disclosed
. . . if this is just something to stir-the-waters

 

[kaytieeldr]

I would have to agree with this. You have already posted your story once before in great detail as a first post and never returned under that user name. I don't understand why another thread was needed.

http://htp.disboards.com/showthread.php?t=3288393&page=17

And why post this now, as if the jury just made the determination? This link is to a post from August!

 

[jcnewton]

Certainly quite a yarn. And to think, even if it's true, the whole thing could've been avoided if you'd have just watched where you were stepping.

 

[Tonka's Skipper]

No court case number???.......no records?? likely not a true story.

AKK

 

[Teamubr]

I know this is the forum equivalent of click bait, but I can't help myself.

This is what the Disney lawyers do to guests who get hurt at Disney.

This is what all corporate lawyers do when their clients are sued. Welcome to America.

The other thing they do is appeal. You may think there is a 100% liability verdict against Disney today, but give this another decade to finish working it's way through the system.

Have a magical time paying lawyers. And while you're at it, please look where you are stepping from now on.

j

 

[dtauer]

Not sure if this is for real or not, seems like an unusual first post.
However, I did find case #2008-CA-015834-0 that appears to be the same person based on the user name.

Edit: Actually, the only record is on casetree.com which I'm not sure is valid case numbers or not. In fact, further research shows that the case number entered may actually be tied to a foreclosure and has nothing to do with Disney.

 

[TheRustyScupper]

And while you're at it, please look where you are stepping from now on.

Maybe, if we blindly believe the story, WE are the ones who will be stepping into it . . . . . .

 

[vandy]

Orange County Clerk of Courts website offers this: Go to this link, and enter a search for all records and the name Debra Natiss, then once the result page comes up, click on the case number to open for details:

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=1416413

It appears this is a legitimate court case but that only answers if this case is real. All of the other questions posted still need answered. The actions of Disney lawyers will be no different than lawyers for any other business or corporation. It is their DUTY to defend their client and lessen any damages that may be sought. This lawsuit has been going on for quite some time so why break the silence now and should they be breaking their silence? Lots of unanswered questions....futher postings from the OP are in order. If none come, then why the one and done?

 

[dtauer]

Wow...it looks like the case number I had in my post above may have been correct.

Of course we're hearing one side of the story, but reading through the court documents does seem to back up some of the claims in the original post. I'm no lawyer, but there are references to expert witnesses that are Doctors, motion for protective order to prevent lumbar surgery, submital of video evidence, and a final judgement amount.

The court records do definitely show a case, with witnesses, testimony and a final judgement that appears to be against Disney.

 

[Teamubr]

Maybe, if we blindly believe the story, WE are the ones who will be stepping into it . . . . . .

Well said Rusty.

j

 

[IceSkatingPrincess]

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=1416413

Seems real. $82,907 should soften the blow though.

 

[Teamubr]

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=1416413

Seems real. $82,907 should soften the blow though.

I doubt it. If she really had all the surgeries and medical expenses, that amount wouldn't cover the medical, much less the attorney's fees.

It looks like the verdict and damages were determined in July and there was an immediate request for retrial on damages only. This was denied at the end of October. That would lead me to believe they weren't at all happy with $83K. Since then there have been requests to waive taxes on the reward and there is another hearing scheduled for Dec 10th.

Looks like there are still some cards to be played before Disney writes a check.

j

 

[IceSkatingPrincess]

I doubt it. If she really had all the surgeries and medical expenses, that amount wouldn't cover the medical, much less the attorney's fees.

It looks like the verdict and damages were determined in July and there was an immediate request for retrial on damages only. This was denied at the end of October. That would lead me to believe they weren't at all happy with $83K. Since then there have been requests to waive taxes on the reward and there is another hearing scheduled for Dec 10th.

Looks like there are still some cards to be played before Disney writes a check.

j

It will be interesting to check back in a month or so to see how things play out for sure. I'd imagine Disney would be made to cover the legal fees in addition to what they end up paying, but who knows