Articles Tagged with “Resort Torts”

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A report by The Orlando Sentinel indicates that officials in Central Florida’s Volusia County are slow to make beach driving safer, following the death of a 4-year-old boy who was hit and killed by a truck on New Smyrna Beach. He is the second 4-year-old killed on a Volusia driving beach in the past four months – the first occurring on Daytona Beach in March.

Beach driving.jpgResort torts typically involve the liability of resorts, hotels, motels, recreational activity operators, etc., but in this case the decision by the County to allow beach driving is immune to liability, as a policy making/ discretionary function.

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The first jury trial in six years alleging safety problems on a Central Florida theme park ended in Disney’s favor Monday, May 3, when it was decided that that no dangerous condition existed on The Twilight Zone Tower of Terror that might have caused a 68-year-old man’s stroke three weeks after riding it.

A Disney spokeswoman was unsurprisingly ‘pleased with the verdict’ and assured reporters that safety is Disney’s ‘primary concern.’ Plaintiff Marvin Cohen of Philadelphia, now 80, can request a new trial and file a notice for appeal in the 10 days following the jury’s verdict.

Cohen’s attorney, Barry Novack of Los Angeles, believes that Judge Jose R. Rodriguez’s rulings before and during the trial prevented his client from pursuing all his claims that the ride’s warnings misled him, and therefore skewed the ultimate result. He plans to review the rulings and could then appeal.
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Tragedy struck on Walt Disney World property when a 9-year-old boy found himself and his bicycle pulled under the right rear tire of a Disney Transport bus at the Fort Wilderness Resort, April 1, 2010. Despite wearing a helmet, the boy lost his life. According to a report by MSNBC, Florida Highway Patrol Sgt. Kim Montes said there was no evidence that the bus driver was impaired or driving recklessly and criminal charges are not expected, though a thorough investigation will be conducted.

In recent months, Disney theme parks reported several transportation incidents, including a Walt Disney World bus rear-ending a charter bus near the entrance of Epcot (seven passenger injuries), two buses colliding at Walt Disney World (twelve passenger injuries), and a collision crash of two monorails, resulting in the death of one of the operators. These incidents show a potential for increase in annual transportation crashes at Disney: In a one-year period during 2004-2005, there were four deaths and 19 injuries reported by Disney at its Florida theme parks, most but not all due to bus and transportation crashes. Disney has only been required to report incidents at its parks to state inspectors since 2001.

The amusement and entertainment giant paid $35,200 in fines imposed by the U.S. Occupational Safety and Health Administration (OSHA) and is facing a wrongful death lawsuit for the death of its monorail operator.