Man wins $8K after Disney "Small World" breakdown

[PotatoChip]

LOS ANGELES An attorney says a disabled man was awarded $8,000 by Disneyland after the "It's A Small World" ride broke, stranding him for a half hour while the theme song played continuously.

More here:
http://www.cbsnews.com/8301-201_162-57576465/man-wins-

That would be pure torture. Poor guy. Ugh!

[graham4anything]

1. Another frivolous law suit by a John Edwards ambulence chaser lawyer

On a very hot day, Small World is one of the coolest places to be

[PotatoChip]

3. Apparently the guy was disabled.

So it took them longer to 'free' him. Everyone else was able to get off the ride but him.

ETA: He had asked them to turn the music off repeatedly.

[graham4anything]

5. This is a frivolous lawsuit...and...but in defense of equal rights

shouldn't everyone else be awarded then $4000 for their time?

And lines are longer for most rides in Disney than 1/2 hour, with the same music playing again and again

Now, if this man was injured because of a malfunction, that is totally different, but it does not appear he received any physical injury.

He should treat all his relatives to Two days at Disney at their most expensive resort hotel

[PotatoChip]

6. What do you mean by "everyone else"?

He could not get off the ride due to a disability and had asked for the music to be turned off while he waited.

"Everyone else" had gotten off the ride already.

I have no dog in this fight, and frankly, have no opinion one way or another as to whether or not he should have received a settlement. But you seem to be misrepresenting what happened. Just want to set the record straight...

[orpupilofnature57]

8. Tweaking the truth a bit more, if the disabled person was over 21,

they chose to take that, or any other Amusement ride at the risk of inconvenience, just saying . And my pooch has been gone for a long time.

[PotatoChip]

14. True, that.

As to your pooch.... Mine too, and as of late, I've begun to wonder if I'm ever going to find him.

Good luck w/yours!

[graham4anything]

19. Why would they turn the music off? Have you forgotten those on line, who wait for rides to be fixed?

When one enters the park, they enter knowing a ride may malfunction.

And it is disengenuous to say they hate the music if the knowingly go on the ride.

Score one $8000 windfall for a frivolous law suit.(Now, how much is the lawyer taking?
I bet he like John Edwards always did, got more than the person he defended, knowing how
ambulence chases like John Edwards were.)

[Cal Carpenter]

23. You are just looking for a reason

to slam John Edwards, (who has nothing to do with this, of course) LOLOLOLOLOL

Oh my god Graham you are HILARIOUS.

[Sekhmets Daughter]

46. Perhaps, simple consideration

for a disabled person? Or is that too much for you to comprehend? Both Disney parks put themselves out there as family and disabled friendly...Frankly, for the amount of money they so willingly rake in, they should have done a better job of helping him. Turning off that damned song would have been the best first step. When people are in happy anticipation, they can endure most songs...when they are trapped on a ride and deserted, they have considerably less tolerance for the misery inflicted by a steady drone.

[In_The_Wind]

47. Perfect!

[In_The_Wind]

12. Aren't you the compassionate one. Congratulation!

[unapatriciated]

13. Your statements on this thread show you know little or nothing about the disabled.

You do realize the vast majority have major problems accessing health care and live below the poverty level. I'm sure the monies he received are much needed and who are you to judge. I have a disabled adult son and have to deal with mindsets like yours on a daily basis......guess what he would gladly trade places with those who complain and judge without knowing all the facts.

[cali]

18. well, I am disabled and poor, and unless there's more to it than this

I think this is a frivolous lawsuit.

[Ikonoklast]

25. "Frivolous" to who? You? Seems that a real, actual judge allowed it to be heard.

You know, one with a law degree and all that.

Ergo, *not* frivolous, and from the outcome, seems to me that the person who filed it was found to have actionable damages in a court of law, and collected accordingly.

Did you bother to read the link?

Geffen says half the award ordered Friday is for pain and suffering, and the rest is for disability law violations. Brown says the violations have been addressed.

Looks like Disney was dinged for violating disability laws, too.

Would you rather just let corporations violate or ignore laws at their discretion?

[Cha]

64. Sounds like Jose Martinez call

a Fair Settlement to me.

Disneyland spokeswoman Suzi Brown said the Anaheim theme park believes it provided appropriate assistance during the incident, and is disappointed that the court did not fully agree.

I think Disney would have been wise to settle out of court. From 2009.. that took awhile.

[graham4anything]

20. Then what do you call the disabled parking plaque I have in my car with my name on it?

This guy scored big, however, I bet the John Edwards lawyer, got more money than this guy did.
As John Edwards ambulence chaser lawyers got millions while his clients went bankrupt.

And give me a break,, if he has no money, how did he get into Disney?

And if he hated the song, why go onto that ride?

If you go to a baseball game, you go knowing you might get hit in the head with a foul ball.

Turning the music off, what about all the people, disabled and not, that are waiting on line
for the ride to be fixed? People don't normally leave a ride line, they figure it is quicker to wait than find another ride with a shorter line, and most repairs take less than an hour.
So those people on line appreciate the music.

Good God, equating a nice song with torture.

[Cal Carpenter]

30. Disney violated disability law

That's okay with you?

[graham4anything]

33. Why does Alan Grayson hold campaign meet-ups in Disney?

[Cal Carpenter]

34. ...

[graham4anything]

37. Just wondering, if Disney is such Hell, why would Alan Grayson hold meet-ups at WDW?

Actually, doesn't Disney have one of the best health care plans for EVERYONE and is the most minority and Gay friendly firm in the nation and goes out of its way for the disabled, including having NO lines whatsoever for anyone handicapped in any ride.

Seems like this lawsuit is just an embarres disney thing.

[Cal Carpenter]

40. I'll try one more time

Is it okay with you that Disney violated disability law?

Do you think they should be allowed to violate those laws without any legal repercussions? Keeping in mind that this was just $8,000, not $8million. This isn't even pocket change to the Disney empire.

You keep going so far off topic and ascribing things to me I never said.

I just want to see if you are capable of answering a simple question about the actual issue at hand here.

[graham4anything]

41. They paid off. I am not a lawyer nor do I see the fine print in the article.

Everyday there are anti-Disney stories in the media.

They already have disabled (no lines) entry onto that specific ride, a special disabled boat that goes around, specific for the disabled, and thanks to all the great politicians like
Alan Grayson, and the not so great ones like Jeb (at WDW), do everything according to the
laws.

Whether or not there are other things, short of closing the entire park down, and closing every single amusement park and state fair and local fairs(where the safety is far, far worse)

they also have signs on every single ride warning people.

So, should they close all entertainment places?

It's one thing to strive to make wellness by getting rid of the silly super size sodas from being for sale, it's another to close a place down.

BTW, my favorite WDW soda would be found at Casey's Corner on the end of Main Street.
That crushed ice they put in is worth the price alone.

[Cal Carpenter]

42. So I'll take that as a yes

it's okay with you.

Once again, you go on and on about things NOT RELEVANT to this case.


The court found that Disney violated disability laws. The court did not say anything about "closing all entertainment places" and neither did I.

You seem to be having a conversation in your mind that I am not party to.

[graham4anything]

43. The court said O.J. Simpson was innocent. He was then, right?

How much money did the lawyer get in this case? Any idea?

This trial went on about what 4 years? How much money did the lawyer get?

[Cal Carpenter]

45. Graham

You win the prize for being the most intellectually inconsistent word-salad spouting poster here on DU.

Have a great day!!

[ieoeja]

55. +1 n/t

[Starry Messenger]

57. +1

[KurtNYC]

35. A lawsuit that ends in a settlement can not, by definition, be "frivolous".

Disney paid $4000 for pain and suffering and $4000 for "other access violations."

If the ride had not merely stopped but was on fire... who would have been most likely to be injured or to have died? (Hint: 30 minutes to get him out).

$8000 is about 40 hours of lawyer time so it is doubtful that Martinez will get any of the money.

Btw, Isn't this ride supposed to celebrate people's differences ?

And, in jest, a "nice song" ?! Here see how long you last:

[graham4anything]

38. I once rode the ride 16 times in a row, in Florida, without getting out just for fun

aside from the Hall of Presidents, or the Country Bears, or the Carosuel of Progress (which I boycotted from the moment they put Bush in til they put President Obama in), there is no cooler place to get out of the sun.
Also one of the longer rides time wise.

I happen to like the song, as I do most of the Sherman Brothers music in Disney

"It's a great big beautiful tomorrow, shining at the end of every day".

[pinboy3niner]

63. You rode it 16 TIMES IN A ROW?

That may explain a lot...

[Cha]

67. LOL

ROFL

[ellisonz]

76. ...

[CanSocDem]

56. Thanks for that.

Having 'stood in line' twice in one day, you have saved me from travelling 3K miles to do it again.

Of course, the last time I went on the ride was in the late 60's. Admittedly, in those days, it was ALL ABOUT doing things that Made You Feel Good. Still........

.

[unapatriciated]

62. putting words in my mouth does not change my views.

Good God, equating a nice song with torture.

I never mentioned the song let alone equated it to torture. I just pointed out that even with the limited information at the link, it took three hours for him to stabilize medically. As pointed out elsewhere on this thread a judge felt the lawsuit had merit, ergo not frivolous and half of the award was for violating disability laws. Since you were not in the courtroom to hear all the evidence submitted, I think I will side with a judge who was.

eight grand is not scoring big, it is more on the scale of a small claims court judgment.

[MattBaggins]

65. No one, over the age of 10 thinks that song is nice

It is pure torture that parents are forced to endure to appease the kids.

[haele]

72. No, I think the issue was that Disneyland did not have a way for mobility disabled to exit

the ride in case of breakdown. There is apparently also an accessibility situation. Which if there was a serious emergency, such as an explosion, fire, or any other "get out of there pretty quick" situation, that means the mobility disabled will just have wait to die in the middle of the ride while everyone else can make it to the walk and out of the exit. Or makes it extremely difficult for paramedics to get to an adult - who might not even be disabled, but who may be - oh, unconscious - and get them out of the situation in a timely manner.

"It's a Small World" is a narrow boat ride without a lot of maneuverability. (Or at least it was in 1992; the last time I was in Disneyland) I could easily see someone who is mobility disabled - or morbidly obese - be stuck and unable to exit the boat if they weren't near an embarking area with handrails or help.
And if you're stuck for hours begging for help because there's no one to get you out in a timely fashion and perhaps a required medicine period or worse - foul yourself and your clothing because you couldn't hold it any longer, maybe you should have legitimate case.

The problem I see is that they just left him there. He wasn't "standing in line" where he could leave if he got bored waiting - he was a quadriplegic stuck on the ride that everyone else could get off of, and there was no one willing or able to help him off the boat for over an hour. Asking them to turn the music off was just one of the issues with that situation, and was only one of the factors in the lawsuit.

And $8K is a piddly ADA settlement, if he was being represented by an ambulance chaser. That sort of money is less than what Disney, inc, gives out as prize money as part of a family vacation package someone might win to one of their resorts on "Wheel of Fortune".

$80K would be a settlement. $8K is just "sorry for the inconvenience - now go away and don't bother us anymore" money.

The question for Disney and other theme parks is if they should allow people with disabilities to even ride certain rides if they can't quickly be extracted should there be an issue. Or should they actually design rides for accessibility to the disabled or distressed passengers should something happen...

Haele

[unapatriciated]

9. If it were frivolous as you say he would not have won an award.

How you can even tell that from the limited information at the link is beyond me. The man suffers from panic attacks among other things. It took three hours to stabilize him medically after the incident, half of the award was for violation of disablity laws.

Are you also one of those who think the lawsuit in the Mcdonald's coffee incident was frivolous? Thrid degree burns and reconstuctive surgery are what a "John Edwards ambulence chaser lawyer" looks for. just in case you need it.

[RandiFan1290]

11. What?

[a la izquierda]

52. Thank you...

I am so confused by this one.

[Tommy_Carcetti]

28. Any knock at Disney Corp. is fine with me. nt

[tjwash]

39. YAY! First post is from the champion of tort-reform. Couldn't see THAT one coming.

Tell you what - since disney is such a wonderful company that they feel compelled to strip their maintenance crews to a skeleton group so that they don't have to pay those pesky wages and watered down bennies (helps that corporate bottom line to do that you know), we should just do the following to make you all happy.

Just do what most doctors, cell-phone providers and credit card companies do - issue a waiver at the door that says you waive your right to a court trial the next time anything happens and you get to an arbitrator instead. Never mind that all the arbitrators are looking for repeat-customers so they will take the corporation with the money over Joe-poor-schlub-who-is-getting-screwed every time just to keep getting called back.

That way the next time that one of the overworked maintenance folks that just worked a double because 3 people on their short-staffed crew that just worked double-shifts, called in sick because they were up for 48 straight hours each, misses a bolt or something and the cars on space mountain fly off the tracks and kill everyone, then disney can just laugh at their asses and produce a waiver that says their families can't sue now. And even if they win a short-term large settlement, it can always get yanked later by the State supreme court!

That's what they are doing with medical suits by the way...lovely world you guys are helping to create for us.

[Gravitycollapse]

2. I've been broken down inside Splash Mountain for almost an hour.

The music was torture. But other than that it was not a big deal.

[Brother Buzz]

50. I got stuck in Pirates of the Caribbean and let me tell you, it was torture

My car got stuck on a steep incline with water rushing underneath it. Sitting in an incline chair, in the dark, being serenaded by a rushing river was almost soothing until I realized I needed to pee something ferocious. 'She Who Must be Obeyed' forbid me, in no uncertain terms, to relieve myself in the river. Twenty minutes in Hell.

[Le Taz Hot]

4. You can get money for that?

Dayem! Back in 1974 our boat on Pirates of the Caribbean go stuck for like 2 hours. Two hours of "Yo ho, yo ho, a pirate's life for me . . . ." Oy!

[Ikonoklast]

24. Did that traumatic experience turn you into a Pastafarian?

That's how they recruit new members, yanno. That "breakdown" is a planned event.



Arrrgh.

[Le Taz Hot]

26. No, but a little bit of the ganj

would have been nice at about the 120th go-around for that bleeping song!

Oh yeah, and Ramen.

[woodsprite]

7. I didn't know you could sue for contracting 'earworm'

Guess I could have sued when my daughter and I got
stuck in Splash Mountain for over 30 min. When we got
off, we spent another 15 min or so in the ladies room
trying to wash the mildewed rubber smell off our hands.

From that day forward we have affectionately called the
ride "Mildew Mountain". But truthfully, the people near the
uphill ramps got off before we (and the other cars 'in the
water') did. and it never occurred to me to sue them.

The ride that I seriously think could cause such a suit?
Test Track - especially if you got stuck in the 'heat' or 'cold'
room.

[In_The_Wind]

10. Any disabled person is more susceptible to trauma. I feel for the poor guy!

Lawyer David Geffen says Jose Martinez didn't medically stabilize for three hours after the ride broke down in 2009.


Disneyland spokeswoman Suzi Brown said the Anaheim theme park believes it provided appropriate assistance during the incident, and is disappointed that the court did not fully agree.


Geffen says Martinez uses a wheelchair, suffers from panic attacks and high blood pressure, which was aggravated by a need to urinate.

[Bay Boy]

29. Do you realize what a broad brush you just painted with?

Because I'm pretty sure there are many levels of disability; everything from minor to severe and temporary to permanent.

[In_The_Wind]

31. Amazing. Isn't it? Small world after all!

[IMG][/IMG]
Are you sure. Was he?
It was Disney's responsibility to see to everyone's needs.
I might have filed a lawsuit also. Hours of listening to repetitive sounds are as bad as brainwashing. They should have shut down the music.

Don't you agree? Put yourself in this man's place.
How would you feel if this were your mother or father. hmmm

[Bay Boy]

59. You missed my point entirely!

You said "Any disabled person is more susceptible to trauma".
And I just pointed out that the range of disabled persons is vast.

But yes, I agree. They should have, in the very least, shut off the damn music.

[Buns_of_Fire]

15. Disney can't divulge this, but the music HAS to stay on.

It's the only way they know to sedate those hundreds of potential Chuckies just waiting for the lights to dim... for the boats to stop... for all those defenseless tourists to have to just wait like sitting ducks for the bloody group assault that is sure to come... wait... do you hear it?... Is it the shuffling of hundreds of tiny feet as they scuttle to take up offensive positions?

[stlsaxman]

16. it's like a nightmare-come-true!

[KansDem]

17. By "breakdown," I thought "mental breakdown"

Have you ever ridden on "It's a Small World?"

[PotatoChip]

22. Yikes! You might want to add an ear-worm warning to that.

... I made it through the video to about the .30 mark, and now I'm doing this too.

Otoh, just mentioning the song in the OP might be enough to cause serious mental anguish for recovering survivors of the ride. For this serious transgression, I am truly sorry... (((Hangs PotatoHead ))

[lumberjack_jeff]

49. I made it 1:30. Beat that! n/t

[In_The_Wind]

32. I've been on the ride at Disney in Florida.

[customerserviceguy]

21. To the Disney empire

It's a small sum, after all.

[Tommy_Carcetti]

27. Welcome to Disney Hell.

Being stuck at Disney is bad enough. Being stuck on A Small World while the music is stuck in a constant loop? That's Ninth Circle stuff right there.

[alcibiades_mystery]

36. I get that the ride mechanism can break down, but why can't they just cut the music?

Seems weird.

[graham4anything]

44. The people waiting on line for the ride to reopen

Disney lines have a way of not appearing to be as long as other places because of the music, films they show, and the talk by the cast members.

The ride affects more than just the one person on the ride, the music is heard by everyone all around the ride, inside the queue and those hanging around.

Time wise, it is most times easier to wait for the reopen than to leave and come back later.

Not to mention the Fast Pass, which one has to wait before getting another (as you are limited by the # of times you can have more than one).

Yes, it is sad for this one singluar person, but there are thousands affected that are not being thought about.

One would have to know the exact details here of what the delay was.

Using a Ferris wheel as example, was the person at the direct furthest point from an exit so it took getting to an exit?

The important thing is to have future events planned so it doesn't happen again.

[lumberjack_jeff]

48. The story has more nuance than that.

Lawyer David Geffen says Jose Martinez didn't medically stabilize for three hours after the ride broke down in 2009.

Disneyland spokeswoman Suzi Brown said the Anaheim theme park believes it provided appropriate assistance during the incident, and is disappointed that the court did not fully agree.

Geffen says Martinez uses a wheelchair, suffers from panic attacks and high blood pressure, which was aggravated by a need to urinate.

Geffen says half the award ordered Friday is for pain and suffering, and the rest is for disability law violations. Brown says the violations have been addressed.

If the accessibility problems with the ride resulted in his panic attack...

Besides, $8,000 is 34 minutes of pay for CEO Bob Iger.

[tridim]

51. Try getting stuck under the East River, in a stinky, jam-packed subway car for an hour.

Probably the worst hour of my life to date.

[CBGLuthier]

60. If that is true then you have led a blessed and charmed life.

I wish being stuck on a subway car for an hour would be the worst hour of my life. I would list some of the actual worst hours of my life but i do not want to get depressed.

[tridim]

61. I left out the part where I had an massive panic attack

It felt like I was going to die, and of course nobody offered help. Maybe it wasn't the worst hour, but I'll certainly never forget it.

But yes, my life has been pretty easy so far. Knock on wood.

[La Lioness Priyanka]

66. me too, and i have been stuck in nyc trains for much longer than that

[yellowcanine]

53. Getting stuck is one thing. Having to listen to that song for 30 minutes is another.

Ugh.

[Dreamer Tatum]

54. from this bitterly cynical thread one could infer that

Disney is a horrible place that people are forced to attend at grave personal danger at huge expense and inconvenience.

I honestly don't get the rage. Maybe it's jealousy that millions of people go ti Disney to have fun? Heaven forbid anyone enjoy themselves if an evil KKKorporation is involved!

[hunter]

58. So now Disney will figure out a way to get disabled people off stranded boats...

... in a timely manner, and this guy gets $8000 for bringing the problem to Disney's attention, along with some compensation for his miserable experience.

What's wrong with that? Am I supposed to feel sorry for Disney shareholders and top executives who have lost a negligible amount of money here? I don't.

In this case the legal system worked. It's all win.

[RedCappedBandit]

68. They got everyone else off, but not him because he is disabled.

Um, yeah, that doesn't sound frivolous. Sounds like they didn't make the necessary accommodations for people in wheel chairs to me.

[backscatter712]

69. Wow. If I had to listen to It's a Small World over and over in that situation...

[pinboy3niner]

71. ROFL!

Perfect!

[Nye Bevan]

70. $8000 for being stuck listening to the "It's a Small World" tune is RIDICULOUS.

Should have been at least $100,000.

[zappaman]

73. HA! We were just talking about this song yesterday at work.

As an example of one of the most horrific pieces of music of all time!

[MrSlayer]

74. Idiotic.

Why the fuck did he go on the ride in the first place? The song plays throughout. This is one of the dumbest lawsuits I ever heard of. To give this jackass money for no readily apparent reason is another example of how ridiculous our system is.

[Ikonoklast]

75. It had exactly *zero* to do with the song. Guess you didn't bother to read the link.

Love how the most judgemental are always the least informed.

[Go Vols]

78. It had alot to do with the song

and the fact he had to urinate and no one helped him with that.

The disability laws Disney broke was that that they had no sign stating if you are disabled and the ride breaks down,you're stuck until its fixed.

'It's A Small World' got a little irritating after about 30 minutes says Martinez.

It also ramped up the San Pedro resident's blood pressure and almost caused him to suffer a panic attack.

"He was half in the cave [GOODBYE ROOM] of the ride and half out," Geffen said, before adding: "The music was blaring. They couldn't get it to go off."


His attorney David Geffen said he was the only passenger not escorted from the popular ride in the Fantasyland area of the park and was left in agony as he needed to urinate.


Judge James Selna ruled the park failed to take proper care of Martinez while he was stuck on the ride and did not notify disabled riders that they'd be stranded if the ride broke down.

http://www.nydailynews.com/news/national/paralyzed-man-forced-listen-loop-small-world-disneyland-ride-breaks-awarded-8k-article-1.1300051

[MrSlayer]

79. I'm happy to provide you with something you love.

Sometimes I take the OP's summation as the gist of the story. That's how it was presented in the snip and the commentary.

But at least I made you happy.

You're welcome.

[grantcart]

77. It happened to me 20 years ago.

Got stranded deep in the bowels of it.

Had a hatred for the song before.

Now the naseau comes as soon as I hear it.