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Disney is facing more allegations of faulty maintenance procedures, this time by a Milwaukee surgeon who said he suffered whiplash and an ongoing neurological disorder after riding a roller coaster at its California Adventure amusement park. The doctor's negligence lawsuit, which goes to trial next week in Orange County Superior Court, challenges whether a safety restraint was properly lowered and lubricated.
Read more from The LA Times.
It is unfortunate that he sustained an injury of this sort. I also find it rather difficult to believe he did not get the attention of a ride op in indeed they were checking the harnesses as they are supposed to. From our experience they did rather thoroughly.
The fact that he never filed anything about the injury with the park also makes this injury even more suspect in my opinion.
However, the supposed deposition by the maint worker that day that did not lubricate the harness as required by the park policy and by manufacturer recommendations could be what wins this case for this doctor. If I were the doctor I would have gone after the maint worker since he admitted and knowingly did not follow park policy nor manufacturer guidelines.
California has become the mecca for BS lawsuits, and I think this is just anoth example of it.
This headline should have read: AMBULANCE CHASER GRANDSTANDS, HOPES FOR BIGGER SETTLEMENT. Frankly, it's his only chance. If this case goes to trial, Disney attorneys will subpoena his medical records, unearth the real problems in this man's life (whether psychological, chemical dependence-related or whatever) and reveal them as part of public record.
After a stunt like that, I'd cheer Disney on. Go get 'im.
-CO
Well, unfortunately, that would point to a flaw in maintenance, which it sounds like this guy is pointing the blame at. Sure, it was great when it was a month or two old, but what about now?
I haven't ridden CS, despite living very close to DCA (are you listening Disney? Your ticket prices are TOO HIGH!!), but that argument doesn't do a lot to dispute his.
That being said, I also think that the fact that we've heard of *1* lawsuit about this points to it being bogus. The few Intamin masterpieces that I've ridden were smooth as glass yet intense as could be. I'm going to run under the assumption that CS is just as good.
I haven´t done this ride, but other Intamin OTSR sit down Loopers. I have to admit that these cars and OTSR are not their best effort and I used to get headbanging on "Lethal Weapon Pusuit" at Movie World Germany. But even with a half opened OTSR you would bang your head at the same spots.
It should be easy to prove that this man is trying to cover up for something else, be it selfmutilation or an accident he had elsewhere.
tricktrack makes a good point too. If the restraint was up a little, couldn't he just pull it down himself? They don't lock where they are, you can lower it further once locked, but cannot raise it until unlocked.
I also cannot believe that he could have been "violently shaken, jolted and pummeled" with the restraint being a bit too far up compared to being in the correct position.
I volinteer, as a roller coaster enthusiast, to be a charictor witness of the smoothness and rideability of Cal Screamin. There is no way, in my opinion, that this ride is capable of "violently shaking, jolting or pummeling" anyone.
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