Go Back   The DIS Discussion Forums - DISboards.com > Disney Trip Planning Forums > The DIS Unplugged Podcast
Find Hotel Specials & DIScounts
 
facebooktwitterpinterestgoogle plusyoutubeDIS UpdatesDIS email updates
Register Chat FAQ Tickers Search Today's Posts Mark Forums Read





Reply
 
Thread Tools Rate Thread Display Modes
Old 03-26-2013, 08:27 PM   #1
disney david
DIS Veteran
 
disney david's Avatar
 
Join Date: Apr 2010
Location: Hartsdale, ny
Posts: 3,481

If this was any other company they wouldn't settle but since Disney dose not want to look like the bad guy they decided to settle with him with his past of law suits I am sure he will come up with another one one the money runs out.



.http://www.foxnews.com/us/2013/03/26...ide-for-hours/
__________________
www.mentalhealth.va.gov/suicide_prevention

Bring back Walter on the podcast we miss him
CHIP AND DALE ARE A LIST CHARACTERS!!!!!!!!!!!!!
disney david is offline   Reply With Quote
Old 03-26-2013, 09:02 PM   #2
jcb
always emerging from hibernation
 
jcb's Avatar
 
Join Date: Apr 2007
Location: In view of the Smoky Mountains
Posts: 3,623

Quote:
Originally Posted by disney david View Post
If this was any other company they wouldn't settle but since Disney dose not want to look like the bad guy they decided to settle with him with his past of law suits I am sure he will come up with another one one the money runs out.



.http://www.foxnews.com/us/2013/03/26...ide-for-hours/
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.
__________________
Jack
jcb is offline   Reply With Quote
Old 03-26-2013, 09:09 PM   #3
disney david
DIS Veteran
 
disney david's Avatar
 
Join Date: Apr 2010
Location: Hartsdale, ny
Posts: 3,481

Quote:
Originally Posted by jcb View Post

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.
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.
__________________
www.mentalhealth.va.gov/suicide_prevention

Bring back Walter on the podcast we miss him
CHIP AND DALE ARE A LIST CHARACTERS!!!!!!!!!!!!!
disney david is offline   Reply With Quote
Old 03-26-2013, 09:10 PM   #4
Justin Jett
I will do my Elvis impression at DAP, if Kevin will do a duet with me
I'm signed up and ready to go
 
Justin Jett's Avatar
 
Join Date: Feb 2008
Location: Orlando, FL
Posts: 2,241

Quote:
Originally Posted by jcb View Post
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.
This is ridiculous, stupid, and annoying.

This ADA violation crap has to stop!
__________________
Skip AKA "Justin"
"Pursue the passion, not the money. If you follow your passion and you're good what you do, the money comes." -Pete Werner
Justin Jett is offline   Reply With Quote
Old 03-26-2013, 09:40 PM   #5
mrsksomeday
My Prince uses a power wheelchair!
 
mrsksomeday's Avatar
 
Join Date: Jul 2006
Location: Southern Illinois
Posts: 7,636

Quote:
Originally Posted by jcb View Post
What was left was a simple negligence claim and (I think) a "signage" claim over where Disney must post signs to accessible bathrooms.
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?
mrsksomeday is offline   Reply With Quote
Old 03-26-2013, 10:01 PM   #6
k5jmh

DIS Tech Talk Guru
Ask me about Alpaca poop!
I want to pour that Sauce all over my body
 
k5jmh's Avatar
 
Join Date: Dec 2007
Location: Spring, TX
Posts: 5,291

Quote:
Originally Posted by mrsksomeday View Post
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?
DL is grandfathered on many ADA issues because of when most of the park was built.
__________________

k5jmh is offline   Reply With Quote
Old 03-26-2013, 10:14 PM   #7
SueM in MN
It's like combining the teacups with a roller coaster

 
SueM in MN's Avatar
 
Join Date: Aug 1999
Location: Twin Cities area,Minnesota,USA
Posts: 30,661
DISboards Moderator

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!
__________________
SueM in MN
Moderator of disABILITIES
Link to disABILITIES FAQs thread

Spaceship Earth: We are all passengers together.
Life is what happens to you when you're busy making other plans......John Lennon
Be a rainbow in someone else's cloud. Dr. Maya Angelou
trip report link in Memory of eternaldisneyfan, who lived these words: Some people are always grumbling because roses have thorns. I am thankful that thorns have roses. Alphonse Karr
SueM in MN is offline   Reply With Quote
Old 03-26-2013, 10:15 PM   #8
Justin Jett
I will do my Elvis impression at DAP, if Kevin will do a duet with me
I'm signed up and ready to go
 
Justin Jett's Avatar
 
Join Date: Feb 2008
Location: Orlando, FL
Posts: 2,241

Quote:
Originally Posted by k5jmh View Post
DL is grandfathered on many ADA issues because of when most of the park was built.
__________________
Skip AKA "Justin"
"Pursue the passion, not the money. If you follow your passion and you're good what you do, the money comes." -Pete Werner
Justin Jett is offline   Reply With Quote
Old 03-27-2013, 08:32 AM   #9
roomthreeseventeen
Inaugural Dopey Challenge finisher
 
roomthreeseventeen's Avatar
 
Join Date: Dec 2009
Location: New York, NY
Posts: 7,972

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.
__________________
Amy, Patrick, Cosette and Herbie
Many trips as a kid! 2010 GF RPC (March) and AKL/BWI (Oct)
2012
AKL (marathon weekend) and ... AKL (Wine and Dine)
2013 Fort Wilderness 2014 Dopey Challenge AKL
2015 Dopey Challenge at the Beach Club!

roomthreeseventeen is offline   Reply With Quote
Old 03-27-2013, 09:42 AM   #10
jcb
always emerging from hibernation
 
jcb's Avatar
 
Join Date: Apr 2007
Location: In view of the Smoky Mountains
Posts: 3,623

The parties stipulated to certain facts:
Quote:
a. On Friday, November 27, 2009, the day after Thanksgiving, Plaintiff Jose R. Martinez (Martinez), who is a quadriplegic and Christina Buchanan
(Buchanan), his wife, visited Disneyland.
b. Martinez cannot transfer out of his wheelchair without substantial assistance.
c. At all times while at Disneyland, Plaintiffs had with them, hanging on the back of Martinezs wheelchair, a backpack that contained his blood pressure medication, his anxiety medication and equipment used by Buchanan to catheerize Martinez to empty his bladder.
d. That day, Plaintiffs rode the Its a Small World attraction (Small World).
e. The Small World Operating Guide provides: Inform the Guest traveling in a wheelchair that a ride vehicle is available that can accommodate the wheelchair.
f. The Small World Operating Guide provides: Inform the Guest traveling in a wheelchair that there is limited time for loading and unloading.
g. The Small World Operating Guide provides: Inform the Guest that in the event of a breakdown and/or evacuation, he may be required to walk certain distances, to negotiate stairs or narrow walkways, to have a companion assist or carry him, or to wait for an extended period of time in the vehicle for assistance.
h. Plaintiffs boarded a Wheelchair Accessible Vehicle (WAV boat), which allows guests with mobility disabilities and their companions to ride the attraction without having to transfer out of their wheelchair.
i. Toward the end of the Small World ride, when Plaintiffs WAV boat was just leaving the ride building, the attractions power disconnected and all boats on the ride stopped.
j. Pam Tait (Tait), a Disneyland employee for 12 years and on Small World for three, spoke with Plaintiffs after the ride stopped.
k. Both Disneyland nurses and City of Anaheim paramedics were dispatched to the ride.
l. These paramedics are not Disneyland employees.
m. Before the nurses and paramedics arrived, Plaintiffs WAV boat moved to the load/unload dock and they exited it.
n. Two Disneyland nurses, Lina Geiser (Geiser) and Shannon Helm (Helm), and Disneyland security officer Jeremy Bustos (Bustos) arrived after Plaintiffs had disembarked from Small World.
o. Plaintiffs, accompanied by the nurses, then went to the First Aid Station, where Martinez could be catheterized in a unisex restroom.
p. Once at First Aid, Martinez (with Buchanans assistance) emptied his bladder, hoping to reduce his elevated blood pressure.
q. Disneyland refunded Plaintiffs park admission fee and Plaintiffs went home.
r. Plaintiffs have never sought nor received medical or professional care related to their visit to Disneyland.
s. Martinez has filed and settled over 30 civil suits alleging ADA violations and including claims for emotional distress. In no one of these suits did Martinez recover any monies for emotional distress, although he recovered statutory damages and obtained injunctive relief in most of these suits.
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.
__________________
Jack

Last edited by jcb; 03-27-2013 at 12:44 PM.
jcb is offline   Reply With Quote
Old 03-27-2013, 12:37 PM   #11
Justin Jett
I will do my Elvis impression at DAP, if Kevin will do a duet with me
I'm signed up and ready to go
 
Justin Jett's Avatar
 
Join Date: Feb 2008
Location: Orlando, FL
Posts: 2,241

Quote:
Originally Posted by roomthreeseventeen View Post
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.
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!
__________________
Skip AKA "Justin"
"Pursue the passion, not the money. If you follow your passion and you're good what you do, the money comes." -Pete Werner
Justin Jett is offline   Reply With Quote
Old 03-27-2013, 12:39 PM   #12
roomthreeseventeen
Inaugural Dopey Challenge finisher
 
roomthreeseventeen's Avatar
 
Join Date: Dec 2009
Location: New York, NY
Posts: 7,972

I, personally, am not willing to dismiss anyone’s panic attack as looking for money. Your mileage may obviously vary.
__________________
Amy, Patrick, Cosette and Herbie
Many trips as a kid! 2010 GF RPC (March) and AKL/BWI (Oct)
2012
AKL (marathon weekend) and ... AKL (Wine and Dine)
2013 Fort Wilderness 2014 Dopey Challenge AKL
2015 Dopey Challenge at the Beach Club!

roomthreeseventeen is offline   Reply With Quote
Old 03-27-2013, 12:44 PM   #13
Justin Jett
I will do my Elvis impression at DAP, if Kevin will do a duet with me
I'm signed up and ready to go
 
Justin Jett's Avatar
 
Join Date: Feb 2008
Location: Orlando, FL
Posts: 2,241

Dude got paid, and so did his attorney.
__________________
Skip AKA "Justin"
"Pursue the passion, not the money. If you follow your passion and you're good what you do, the money comes." -Pete Werner
Justin Jett is offline   Reply With Quote
Old 03-27-2013, 12:48 PM   #14
jcb
always emerging from hibernation
 
jcb's Avatar
 
Join Date: Apr 2007
Location: In view of the Smoky Mountains
Posts: 3,623

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.
__________________
Jack
jcb is offline   Reply With Quote
Old 03-27-2013, 12:50 PM   #15
roomthreeseventeen
Inaugural Dopey Challenge finisher
 
roomthreeseventeen's Avatar
 
Join Date: Dec 2009
Location: New York, NY
Posts: 7,972

jcb, half the money was for pain and suffering.
__________________
Amy, Patrick, Cosette and Herbie
Many trips as a kid! 2010 GF RPC (March) and AKL/BWI (Oct)
2012
AKL (marathon weekend) and ... AKL (Wine and Dine)
2013 Fort Wilderness 2014 Dopey Challenge AKL
2015 Dopey Challenge at the Beach Club!

roomthreeseventeen is offline   Reply With Quote
Reply



Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

facebooktwitterpinterestgoogle plusyoutubeDIS Updates
GET OUR DIS UPDATES DELIVERED BY EMAIL



All times are GMT -5. The time now is 11:17 PM.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

Copyright © 1997-2014, Werner Technologies, LLC. All Rights Reserved.