New Disneyland Attraction Involves Falling Tree Limbs?

don't-look-up-now.jpg
They look beautiful but you can't trust them anymore either.
Margarita Pina hoped May 1 would be an enjoyable day at Disneyland with her two toddlers.

But the Riverside County mother got more than she paid for when a six-foot tree branch loaded with fruit and weighing "30 or 40 pounds" fell on her head while she was seated in a shady picnic area at the world famous Anaheim amusement park.

Now, Pina wants Disney, which collect more than $38 billion in annually revenue, to pay.

According to the Oct. 13 lawsuit filed in Orange County Superior Court, Pina says she suffered "lacerations, abrasions and contusions," incurred more than $4,300 in related expenses and seeks additional damages for pain and suffering from a future jury.

Other park patrons had to remove the branch. 

Pina's lawyers claim that Disneyland officials failed to properly maintain the trees "so as to make the picnic area safe" for customers.

The lawsuit also asserts that Pina has suffered pain throughout her upper body, is frequently dizzy, has difficulty sleeping, constant pain in the neck and mild nervousness. A chiropractor diagnosed a spinal sprain.

Disneyland lawyers, who handle dozens of these types of cases annually, have not yet filed a response in court.

The case has been assigned to Orange County Superior Court Judge Robert Moss.

--R. Scott Moxley / OC Weekly

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11 comments
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Quinn
Quinn

Disneyland is not an Amusement park as this article calls it. Walt Disney Created Disneyland in 1955 as the worlds first modern THEME park because he HATED! Amusement parks. 

Marial
Marial

probably needs to be deported...jajajajaja

Jason Miller
Jason Miller

Give that woman a churro and call it a day.

Niekon
Niekon

wait, she's a mother of 2 toddlers and is complaining of "difficulty sleeping, constant pain in the neck and mild nervousness"? How does one not know that it's actually correlated to her toddlers? I'm sorry, but Acts of God/Nature is the cause... it's not like Disney goes around and does a nightly strength test on their trees.

Krockls1
Krockls1

I'm an attorney, and all I can say is that it's "amazing" that her injuries are ALL of the type that can't be diagnosed, such as "headaches" "trouble sleeping" "constant pain in the neck" it's important that she claim constant pain, as to properly prove her large damages claim.  These people always crack me up.  Disney will pay for her medical bills, and probably toss her $5k for her troubles, but with only soft tissue and a "spinal sprain" diagnosed by a chiropractor, there's no major claim here. Disney isn't even giving it the time of day.

Jeff
Jeff

If the tree is healthy and there is no proof of Disneyland personel neglecting to take care of the tree (if it had broken limbs), then its a case of Act of God...sorry.

Just curious what would happen if this occurred to this person outside Disney property, like in a city park. Would she still sue the city? Or is this just another case of: it's on Disney property, Disney Company sucks, they have money, let's get some of it.

Darkride
Darkride

Exactly what I was thinking

Elvis2b
Elvis2b

Oh, yes she would file a suit. It's a cash cow. Cities would settle for $25,000 to just make it go away. It's cheaper than fighting it.

Krockls1
Krockls1

yes, you could sue the city if it happened in the park.  Since it was on private property disney will pay her medical bills (already done i'm sure) and maybe toss her a bone or two ($5k or so) but nothing more.

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