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

[kathie859]

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

While I'm certainly sorry for the OP's accident, I wonder what the deal is in posting it twice under different names. At any rate, I would imagine the attorneys would get 1/3 of the settlement unless the court order included WDW paying all legal expenses--none of which seems to be revealed---so it's speculation on my part.

I consider the warning to "avoid stepping in puke lest you slip and fall" right up there with the cautionary "warning--coffee may be hot and could burn".

 

[Teamubr]

I consider the warning to "avoid stepping in puke lest you slip and fall" right up there with the cautionary "warning--coffee may be hot and could burn".

Sad, but funny.

I'm not getting hung up on the 2 login thing. I actually have 2 on here also. I took a hiatus from the boards after a trip a long time ago. Changed emails during the same time and couldn't remember my password, so I made a new account. That was 4 years and 500 posts ago.

I think she was just wanting an audience and DIS boards is a big one.

j

 

[TXAKDisneyFan]

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

I agree that $83k isn't much of a win. I was a paralegal working on personal injury cases for years, and at least in my experience, the attorney takes a 30-40% contingency fee, and has a duty to pay outstanding bills (including medical) from the settlement. The client gets whatever money is left, which often times isn't much. As an aside, a lot of clients ARE malingerers, especially those who claim back and neck pain (pain is also subjective; and I've read studies showing that neck and back pain often resolve on their own, though many people insist on medications and surgeries, which are performed because surgeons are afraid of being sued).

 

[CdnKayDee]

True or not. Any person in this situation is at fault to themselves no amount of suing and blaming others is going to repair a broken back or take away years of pain. So pay attention look at your surroundings, anyone exiting the test track ride should easily see vomit on the floor.

 

[disney world dreamer]

in june of 2007 i fell down a flight of stairs at pop century due to them being painted cement and wet from rain.
i wouldn't consider it to be my own fault due to the fact that i am a very careful person and hold on to the railings.
my lower right back has been in pain ever since. its severe pain at times but i deal with it.
i probably could have sued but didn't.

good for you that you won although i do think its a bit weird to go flaunting that around.

 

[kandb]

To all the people who are saying it is the OP's fault that she slipped on vomit and she should of been looking "towards the ground" where she was walking, please, I doubt you all stare down to make sure there is not a slippery substance on the ground when you are walking? OP, I hope you feel better and sorry that you got hurt. Some people never want to fault Disney for anything, it's strange.

 

[jcnewton]

Some people never want to fault Disney for anything, it's strange.

People never want to fault themselves, either.

And I definitely watch where I'm stepping. It's how I amazingly don't step in puddles or dog crap every day.

 

[disney world dreamer]

People never want to fault themselves, either.

And I definitely watch where I'm stepping. It's how I amazingly don't step in puddles or dog crap every day.

you have to admit that you would not expect a puddle of puke when walking off test track though.

also generally you know when there are gonna be puddles cuz it was just raining or snow is melting etc...

and dog crap is usually not just on the sidewalk or in a parking lot its usually in grass which makes it hard to see.

you sound pretty rude so i feel like you should be brought down a notch.

 

[Msmithmd]

It will be the height of irony, when on appeal Disney's lawyers use this thread itself as evidence against the OP, arguing against their mental health, in questioning whether it is in any way appropriate or reasonable to post their specific litigation experience to a group of complete strangers in a Disney fan online discussion site.

If the OP hadn't considered that that could happen, and that Disney reads these blogs, then perhaps they should...

 

[Judique]

People never want to fault themselves, either.

And I definitely watch where I'm stepping. It's how I amazingly don't step in puddles or dog crap every day.

Of course not. People never want to fault themselves.

So you are saying that you have never stepped in anything?

Well done!!!!

(Is that what you wanted to hear?)

 

[North of Mouse]

People never want to fault themselves, either.

And I definitely watch where I'm stepping. It's how I amazingly don't step in puddles or dog crap every day.

you sound pretty rude so i feel like you should be brought down a notch.

But it's not rude to think you are the one to take her down a notch??? Her post did not sound that way to me - I also try to watch where I'm going.

Of course not. People never want to fault themselves.

So you are saying that you have never stepped in anything?

Well done!!!!

(Is that what you wanted to hear?)

Ditto above answer.

 

[Kies99]

We were in Epcot in 2007 and my daughter trew up on the sidewalk! What a coincidence! Granted, it was on the other side of the park.

Anyway, we told a CM and it was cleaned up and gone in less than 5 minutes. You could barely even see a wet mark it was so fast. CM's who took care of it seemed to have done this many times before, they were so quick and efficient. No comments or dirty looks at us but CM 's were more concerned for our duaghter. Incidentally, this was when she was having frequent ear infections and one developed that day.

 

[FlightlessDuck]

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.

Probably not, because I look where I walk.

 

[FlightlessDuck]

I consider the warning to "avoid stepping in puke lest you slip and fall" right up there with the cautionary "warning--coffee may be hot and could burn".

Except for the fact that McDonald's coffee was actually dangerously hot because they are cheap.

https://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants

 

[Tonka's Skipper]

Except for the fact that McDonald's coffee was actually dangerously hot because they are cheap.

https://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants

Except all coffee is hot and can burn and common sense would lead people not to place it between your legs while sitting in a car.

Which is why the award was cut back big time!

AKK

 

[jcnewton]

Probably not, because I look where I walk.

Whoa now....talk like that will get you "taken down a notch" in here like it did me a few posts back. I should've watched where I was posting.

 

[Minnesota!]

in june of 2007 i fell down a flight of stairs at pop century due to them being painted cement and wet from rain.
i wouldn't consider it to be my own fault due to the fact that i am a very careful person and hold on to the railings.
my lower right back has been in pain ever since. its severe pain at times but i deal with it.
i probably could have sued but didn't.

good for you that you won although i do think its a bit weird to go flaunting that around.

I am, as well, but if I fell, I would be at fault.

I wiped out on wet, painted cement at the grocery store a few years ago..jacked up my back and ankle, and not even once would it occur to me that it is anything but my fault.

There is always an elevator...that would have solved needing to attempt the steps that were wet?

 

[SirDuff]

Except all coffee is hot and can burn and common sense would lead people not to place it between your legs while sitting in a car.

Which is why the award was cut back big time!

AKK

Coffee at the normally served temperature would not have caused burns that severe. Is it a good idea to stick it between your legs? No. Should you expect to get severe burns if you do? No.

The woman, originally, only sued for her medical expenses. The jury decided that McDonald's acted like jerks and tacked on a lot of extra money. It was the "extra" money that was cut back on (there was not legal basis for it).

 

[wareagle57]

in june of 2007 i fell down a flight of stairs at pop century due to them being painted cement and wet from rain.
i wouldn't consider it to be my own fault due to the fact that i am a very careful person and hold on to the railings.
my lower right back has been in pain ever since. its severe pain at times but i deal with it.
i probably could have sued but didn't.

good for you that you won although i do think its a bit weird to go flaunting that around.

Things are slick when they are wet...

I remember the steps at PoP being extremely slick and I was always worried I was going to slip while there. But I used them anyway and was careful. If I had fallen I would have never thought it was Disney's fault...

 

[Tonka's Skipper]

Coffee at the normally served temperature would not have caused burns that severe. Is it a good idea to stick it between your legs? No. Should you expect to get severe burns if you do? No.

The woman, originally, only sued for her medical expenses. The jury decided that McDonald's acted like jerks and tacked on a lot of extra money. It was the "extra" money that was cut back on (there was not legal basis for it).

Actually any house hold pot of coffee, just brewed......if poured between a persons legs will cause severe burns. Still its a matter of common sense. Please do not try this at home.


AKK