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DAVID SHOREY, an individual,

l5
r6

\7
18

19

CASE NO.

"ffi

COMPLAINT FOR:

Plaintiffs,

*9

ANGEIES

30-2013

t. lqcLIqENQn; 0069355

vs.

WALTDISIIEY COMPAIIY,

2. NEGUGENCE PEKSE; 3. STRICT LIABILITY;

4, PREMISES LI.ABILITY
5. COMMON CARRIER LIABILITY

a Delaurare

corporalion, WALT DISNEY PARKS AND

RESORTS U.S., INC., a Florida corporatiorl
DISNEYLAIID PARK andDOES I through 50,
inelusive.

6.

(crwl,CODE

$ 2168)

INTENTIONAL INFLICTION OF
EMOTIONAL DISTRES$,

Defendants.

20

ir-tu

2l

All

f)')

Lt'

allegations in this Complaint are based upon information and belief except for

thosa allegations which pertain to the Plaintiff named herein and his ccunsel. Each

z+

allegation in this Complaint either has evidentiary support or is likely to have evidentiary

25

suppoft after rcasonable opportunity for further investigation and discoven.

2n

i{l

Nil

28
F:\CLAJ{EMONTIGIc

SfitPlcd\Cornploint Doc

-t

CClI{PLAINT

NAITJRE OF TIIE CASE

1.

This is an aetion for darnages arising out ofthe negligent and/or intentional acts

of

Defendatrts The Walt Disney Company, Walt Disney Parks and Resorts USA, lnc., and
Disneyland Park (collectively referred to as "Disney Defendants").

2,

As more fully described below, Plaintiff David Shorey ("Plaintiff') suffered severe neck,

lower back, and shoulder injuries. Disney Defendarts owed Plaintiff a duty of

nt

reasonable care in the ownership, operation and mainterance of Disneyland Park and all

its athactions. That duty was breashed when Disney Defendants instructed Plaintiff to

board The Matterliom Bobsled ride iu direct con8avention of its posted wamings. As a

10

direct and proximate result of Disney Defendants' actions, Plaintiffhas suffered

tt

II

substantial physical, emotional and monetary damagesn is entitled to punitive damages,

12

and has incurred fees and costs in punuing his rigbts which he is entitled to recover,

13

in amounts to be proveu at the time of trial.

t4
15

JURISI}ICTION AND VENUE

3.

This Court has jurisdiction over this action pursuant to Califomia Code of Civil
Procedure $410.10.

16

1n
I'

4,

Venue is proper in the County of Los Angeles pursuant to Section 395(a)(b) af tlze

18

Califuruia Code qf Chtil Procedure

19

Angeles Counfy, State of California.

as Disney DEfendants are headquartered

5,

PlaintiffDavid Shorey is, andwas, at all relevant times mentioned herein:

a.

A resident of the city of Las Vegas, State of Nevada; and,

23

b.

Injured by Disney Defendants' conduct at Disneyland Park.

DEFENDANTS

24
25
26

in Los

fJ,Alr\rflrFq

2A

2l

all

6.

Plaintiffs are informed and believe" and based upon tbat informatiou and belief allege,
that Defendant Walt Disney Company, is and was, at all relevant times mentioned herein:

27

a.

A corporation incorporated in the state and aecording to the laws of Delaware;

78

b.

Duly lieensed anci registered to do business in the State of California; an4

F:\CLAREIvtONT\GlclSfiFIead\ComptsiflLDBc - 2 COMPLA,IJ\T

c.

S.

Buena Vista Streef is the city of Burbank, State of California.

d. Exclusive owner of Patent: 3,167,A24 for "Bobsled Amusement

(1126165), c,ity

At all times relevant herein operated its principal place of business at 500

7,

Ride"

of Bubank, State of California,

Plaintiffs are infomed and believe, and based upon that information and belief allege,

that Defendant lValt Disney Parks and Resorts USA, Inc. is, and waso at all relevent times

mentiosed herein:

a.

A subsidiary of Tbe Walt Disney Company;

b.

A corporation incorporated in the state and according to the laws of State of

t0

Florida;

I1

c.

t2

d. At all times relevant

l3
14

Duly licensed and registered to do busiless in t]e State of Califor'ria; an4

herein operated its prineipal place of business at 500 S,

Buena Vista Street, in the city of Burbank, State of California.

8.

Plaintiffls are informed and believe, and based upon that information and belief allege,
that Defendant Disneyland Park is, and was, at aJ[ relevant tinres mentioned herein:

15

l6

a-

The resort is owned by The WaIt Disney Company;

l7

b.

The park is operated by Walt Disney Parks and Resorts USA, [nc.

l8

c.

Located in tbe city of Anaheim" State of California.

I9
2A
21

9.

The relationsbip between The Walt Disney Company, Walt Disney Parks and Resorts

USA" Inc,, and Disneyland Parlq based upon information and belief, is as follows:

a.

Defendant The Walt Disney Company is the owner and operator of lValt

Disney Parks and Resorts USA, Inc.;

22
23

b.

Defendant The Wait Disney Company is the owner the Disneyland Park; and

?4

c.

Defendant Walt Disney Parks and Resorts USA, !0c, is the operator

25

26
27
28

of

Disneyland Park.

d. All Disney Defendants

at all times relevant herein orvned, operated, managed,

and supervised the "Matterhorn Bobsled Ride" in the area knorrn as

"psniasyland" at Disneyland Park in Anaheim, Califsmia.

F:\C[ARE${ONT\6lcl80\Pleod\ComnlsJuLDm - 1 COMPLAINT

10. The true names and capacities, u'hefrer

individual, eorporate, partnership, associate, or

I through 50, inclusive

are unknown to

Plaintiff who

otherwise of Defendant DOES

therefore sues these Defendants by such fictitious nFmes pursuflflt to CALIFORNIA

CODE OF

to allege Defendant DOES

ascer[ained.

11.

CIVI

PROCEDURE g 474. Plaintiffwill seek leave to amend this cornplaint

Plaintiffis hformed

I through 50 rrue names and capacities

when they are

and believes, aod based upon that information and belief alleges,

that each Defendant named in this Complaint, including DOES 1 tluough 50, inclusive, is

responsible iu some namer for one or more of the events and happenings, and

Froximately caused the injuries and damages, hereinafter alleged.

10
11

12.

Plaintiff is informed and believes, and based upon that information and belief alleges,

I through 50, inclusive,

12

that eash Defendants named in this Complaint, including DOES

IJ

are, and at all times mentioned herein were, the agent, servant andlor employee

1A

IT

of the other Defendants, aud that each Defendant was acting within the course and scope

l5

of his, her, or its authority as the agent servant, and/or employee of each of the other

l6

Defendants. Consequently each Defendant is jointly and severally liable to Plaintiff for

r7

the darnages sustained as a proxinate resuit of their condust.

l8

13.

Plaintiffis informed

of each

and believes and thEreon alleges that certain acts, omissions, evetrts,

Plaintiffis currently unaware proximately

l9

transactions, and damage of which

20

damages which Plaintiffseeks to recover in this action.

2l

amend this Complaint to allege such acts, omissions, events, transactions, and damage

22

when such are ascertained, or

23

damage at the time of trial.

24

14.

Plaintiffis informed and believes

25

times hereltr mentioned lrad,

26

the subject of this lawsuit.

27

III

28

ill

will

Plaintiffwill

caused the

seek leave to

prove such acts, onrissious, events, fransactions, and

ancl

tlereon alieges that all Defendants have, and at all

joint economic and business interest, goal

Fr\CLAREMONT\Glcl80\llead\CampialcLDsc - 4 COMPLAINT

and purpose in

FACT

2
3

15. On or absut August 31, 2011,

U Ar?,

Bf|gr,(pRp UI{p_

Plaintiff arrived at Disneyland Park with Eric Kirby, Mark

Dowling, Maggre Kirby, and Dale Witcofski and they acquired entrance.

A
a

16. On or about August 31, 2011, the Bobsled Amusement Ride ("Matterhorn Bobsled

Ride') consisted of2-cartrains that held up to 4 riders per car. Each car had 2 seat

compartments where 2 riders could be seated in a single file in each seat ccmparturent--

the larger passenger shculd get in

legs.

17.

fln[

and the smaller passenger

will sit between tbeir

On or about August 31,2011, the Mafterhorn Bobsled Ride had a warning sigt

10

lr
12

t3
14

I5
t6
17

t8
t9

that ststed: *Larger Passeugers Enter Flrst, Slide to the Rear of Seat.r
t 8. At or about 9:00 p.m. on August 31, 2011, the

Plaintiffand Eric Kirby entered the

20

Matterhora Bobsled Ride and were permitted by Disney Defendants to board and ride

2l

said attraction.

.r.r.

i9. On or ahout August 31, 2011, Plaintiffwas instructed by Disney Defendants to enter the
bobsled seat first and slide to the rear of the seat, and Eric Kirby was instnrcted to enter
tlre bobsled seat second and sit directly in front of Plaintiff, in direct contravention of the

25

peisted warning sign.

26

Zfl. tvlaggie Kirby and Dale Witcofski, still standing in line, questioned Disney Defeudants

't7

rvhetlter Eric Kirby should be seated behind Plaintiffbecause he was largerlbigger than

?8

Piaintiff.
F:\CLAREMONT\GlslSSrPleod\Conrpl&rDoc

-5-

COMPLAINT

21. Disney Defendants told them thai it was finE that Plaintiffwas sitting directJy behind Eric

1
J

Kirby even though he was the smaller pa;senger.

22. Disney Defendants also failed to check
fastened correctly.

4
5

if Eric Kirby or PlaintifPs seat belts were

23. Shortly after the ride began, due to tbe acts of Disney Defendants, the momentum of the

ride pushed the larger passenger, Eric Kirby, into srnailer passenger, Plaiutiff, caruing his

head to ttrrust backward and hitting his neck on the metal bar behind his head.

I
I
10

24.

25. Despite

IL

crawling on his knees,

27. Disney Defendants immediateiy contacted the onsite nurse who examined

l3

l4

pleas aad screans of pain, the ride continued on its uormal course.

Plaintiffs

26. Once the ride cqme to a complete stop, Plaintiffwas unable to exit the bobsled without

1t
1l

Plaiditrfelt immediale and svere pain.

Plaintiffas

he

was sitting on the floor near the exit of the ride.

28. Disney Defeadants then contac'ted ouride emergency a"sistance, Anaheim Fire Deparrnent

l5

arrived and assumed Plaintiffs treatnenl At approximately 10:00 p.m., Plaintiffwas placed on a

16

gumey and hansportedto the Western Medical Center Anaheim.

L7

'Western
Medical
29. htapproximately 1:00 a.m., after Plaintiffthe emergency deparurent of

t8

Center Anaheim deternined that Plaintiffrequired fiuther evaiuation and neatnent, Plaintitr

r9

was transported by Anaheim Firc Deparfnent to University of California at Lvine Medical

20

Center ft ereinafter

2l

"tlCI').

30. Upon evaluation at UCI, preliminary assessments indicafedthat due to the agts ofDefendants,

22

Plaintiffhas suffered sevsre neck, lower baclq and shoulder injuries, atrecting his upper

23

exkemities.

24

Plaintitrcontinues

trc

suffer debilitatilg neck and lower back pain .adiating to his uppu

extremities.

25

76

l.

2. On or about Augtst

l,

20 1 i , Defendants knew

cr shor:id ha'n knou'n that smaller guests were

27

particulerly vulnerable to iriiury on the Matterboru Bobsied ride wlren seated directly behind a

z8

larger passenger in the .snme seal

F:\CLAREMONT\OlclS0Wcad\CsmplalnlDx - 6 CllivtFL.AIi\iT

33. As a result of these said defects ard hereinflbove and hereafur alleged acts, omissions and

conduct of Dsney Defendants, and each of them,

Plaifiiq

was idmed as herein alleged.

34. Disney Defendants, and each of ther4 breacbed their dutie! of due care to tJre Plaintiffby their

recldxs, wiltful, wanlo& gross and indifferent acts, and failurc to act, including brs not

careless,

iimite4 to the following:

(a)

The failure to adequately wam and insruct the plaintiffs and other guests and

"|

users of the subject ride and similar rides with respect to the hazards,

and dangers of the subject ride when larger passengers ride directly in front

smaller pasengers infre same seaq

O)

risks

of

The failrne to provide and instuct on adequate propr uaining procedrues

ald

1t

manuals for the employees responsible for the safe ioading and unloading

of

1)

Fssengers on the subject ride;

10

(c)

IJ

I4
15

The failure to provide clear wisen emergency plans in cornplete terms which
specify all actions to be taken in the event ofan en:ergerrcy.

35.

All of the physical injury

and tremendous emotional distress that Plaintiffs suffered could

if Disney Defendants

L6

have been prevented

T7

above their owu proflts,

had placed the health and safety of the guests

t8

FIRST CAUSE OF'ACTION

1cl

NEGLIGEI.{gE

?0

@y Plaintiff Against A1l DefendsnB and DOES I-50)

2l

36. Plaintiffs repeat, re-allege and incorporate by reference each and all of the allegations

22

sealained in paragraphs 1 tlrough 35, inclusive, of this complaint, and by this reference

73

incotporate the same into this cause of action herein-

24

37. Tbat at said tinre and place, Disney Defendants, and each of thern, so negligsntly owned,

25

cperatd maintahe{ and conholied

1A

Plaintiff

said

Matterhorn Bobsled Ride so

,| -|
LI

28

/t!
F.\CLq3EMQNl,6lclS0\Pleari\CcnrpJakrtDos

-7-

COM?I.AINT

as

to cause injuries to

38. Said negligence includes, but is:rot limited ro:

(a)

Ilsfucting

a rncaller passenger to sit behind a larger passenger

in direct

conlravention oflhe posted waming sign.

(b)

The failu-re to adequately \ri"El and insbuct tlre Plaintiffand other guests aud
users of the subject ride and similar rides with respect to the hazaxds, risks

and dangers of tbe subject ride when larger passengers ride directly in front

smaller passengers in the same seaf

The faihne to provide and irsbruct on adequate propertraining procedrres

(c)

and mauuala for the employees responsible for the safe loading and unloading

of passengen on the subject ride;

IO

(d)

1l

The failure io provide clear written emergency plans

il

conplete tenns n'hich

speciff ali astiobs to be taken in the event of an emergency.

L/-

IJ

39. That as a proximate result of the negligence

of the Disney Defendants, and each of them,

Plaintiff sustained severe, permanent and disabling injuries and great

t4

as aforesaid,

15

physical pain and mental suffering all to his damage. Said damages inelude but are not

16

limited to,

17

severe neclq lower back, and shoulder

injuies, affecting hs uppar extemides.

40. That as a proximate result of the negligence of the Dimey Defendants, and each of them,

Piaintiffwas forced to incur expenses for hospital, medisal

18

as aforesaid, said plaintiffi,

19

and nursing care and

2A

allege that he

2l

not at this time ascefiained; and leave of court wiil be asked to insert this figure at the

22

time of trial,

4J

of

teaffrent for himself, and is informed and believes and therefore

will incur such further expenses in the future, all

to his damage in a sum

41. As a proximate result of the hereinabove and hereinafter alleged acts, omissions, and

24

conduct of the Disney Defendants, and each of them, Plaintiffhas been rendered disabled

z3

due to debilitating neck and iower back pain radiating ro his rpper exfenrities and

26

preveated from pursuiag his oecupation in the future. Therefore, Plaintiff

27

loss of earning capaciry, the exact arnount of lvhich is presently unknown to

/.4

will

will

be

sustain a

plaintiffat

this time, Plaintlffwill soek lea're of court to nrnend this Camplaint tc state said amour:t

when samo becomes kncwn to plainf;ff or

2
J

will offer proof thereof at the time of nial.

42. As a further proximate result of tbe hereinabove and hereinafter alleged acts, omissious

plaintiffhas incurred various

and conduct of the Disney Defendants, and each of them,

and sundry expsnses and losses, which would not have otherwise been incurred.

is informed and beliews and based thereon atleges that he will contiuue to incur various

and sundry losses and expenses, the exact nature and smount of which

ksow at this time. Plaintiff will amend this Complaint to state such amouats when the

same have hecomo known to

Plaintiff

plaintiffdoes not

plaintiff or will offer proof thereof at the time of trial.

10

It

PREMISES LIABILITY

1)

(By Plaintiff Agalnst All Defendants and DOES 1-50)

13

43. Plaintiffs repeflt, re-allege and incorporate by reference each and all of the allegations
sontained in paragraphs

L4

through 42, inclusive, of this complaint, and by this reference

incorporate the same into this cnuse of action herein.

l6

44. "THIS PROPERTY" refers to the Disneyland Amusement Park where this incident
occusred a:rd, particularly, the Matterhom Bobsle d fude.

17
18

45.

l9
2A

and Operators of
46,

TIIIS PROPERTY.

At all times herein mentioned Disney Defendants, and each of them" were the Lessors of
HIS PROPERTY.

21

')')

At all times herein mentioned Disuey Defendants, and each of them, were the Owners

47.

At all times herein mentioned, the persons acting as tho Managers and Maintainers of

THIS FROPERTY were doing so with the klowledge, perrnissioq and consent of sll

?4

Disney Deferdants"

?5

48. At ali times herein mentioned, the persons actiag as the L{anagers. lvlaintainers, and

'[HIS PROPERTY were the agenl servant and emplayee of and acting within

26

Lessors of

27

the course aod scope of said agency and employed by ali Disney Defendanls"

28

I't

F.\elqRMl$tvllClclS0rFleadlComplshtDoc - 9 COMPLAIITT

tI

49.

At said tirrae aud place Disney l)e'fendant.s, and each of thern, proximately caused
damages to said Plaintiff by negligently, wuntonly, reckiessly, tortiously and uniawfirlly:

a)

.tt

)
6

b)
c)

g, managin g, maintaining, servicin g, repairi ng,

Designing constructirrg and owning THIS PROPERTY; and,

Insntcting others regarding T}IIS PROPERTY and its use,
maintenance, car and operation; and,

d) Failing to wam, instruct, advise, protect and guard users regarding

THIS PROPERTY; and,

t0

ng permitlin

inspecting, testing, controlling and operating THIS PROPERTY; and,

Entrusti

e)

Conducting themselves with referencE to THIS PROPERTY and to

I1

Plaintiff, so as to c'$.'se TI{fS PROPERTY to be in a dangerous,

l2

defeotive, hazardous, and unsafe condition and to proximately cause

IJ

damages to the

l4

Ride.

15

Plaintiffwhile he was riding ou the Matterhorn Bobsled

50. As a proximate result thereof this Plaintiflsustained permanent bodily injuries, and has

l6

had, and in the firture

17

general damages in an amount according to proof.

t8

l9
20

wiil

have, paino suffering, worry and anxiety, all to PlaintifPs

51. As a proximate result thereof this

and related expenses all to

Plaintiff incurred, and in the future will incur, medisal

Plaintiffs

damage in such amount as

52. As a proxirnate result thereof this Plaintiffhas, and in the future

2l

do pursue gainful employnrent and

zz

damage in such affiount as

will

will

will
will,

be proven at trial.
Iose the

have lost earning capacity all to

Plaintiffs

be proven at trial.

ZJ

THIRD.CAUSE OI'ACTION

24

COMM ON CARRIER LTABILITY

25

(By Plainfiff Against All Defenrlants and DOES 1-50)

lo

ability to

53. Plaintiffs repeat re-allege and incolporate by reference each and all of the allegations

i thrcugh

27

contained in paragraphs

28

incorporate the same into this cause of action hereiu,

52, inclusive, of this complaint, and by this reference

F:\CLAREMONnGIcI$0lPlcad\Comploint"Doc

- l0 -

coilltPLA.rNT

54, "lhat Disney Defendants, and each of them, were

Flaintiffin particular, to carry persotrs within

offering the public in guneral, and

the meaning

at'Uvil Cg& Section 2168.

55. That Disney Defendants, and each of them, as a common carner, owed a duty to

to use the utmost care and diligence for Plaintifls safe carriage, and to provide

everytJring necessary for that purpose.

A
g

56. That Disney Defendants, and each of them, breached their duty of utrnost care to

Flaintiff

57. That Disney Defendants' breach of duty

Plaintiff

l0

Plaintiff

of utmost care proximately caused the injuries to

as described elsewhere hereinabove re sulting in his general darnage.

58. That as a proximate result of Disney Defendants' breach,

Plaintiffhas suffered and will

lt

continue to suffer in the future, medical expenses, loss of eaming capacity as more

t2

particularly

l3

59.

del ineated elsewhere hereinabo ve.

Dimey Defeudants'conduct as described herein was malicious and oppressive, and done

t4

with a conscious disregard of Plaintiffs rights. The acts of Disney Defendants and each

l5

of them were performed with the knorvledge that people with special needs worrld be

t6

seeking passage on this cotrveyance, tbat such guests werc more susceptible to severe

t7

injury as passengers on this conveyance, yet, Disney Defendants allowed them and their

l8

agents to improperly seat Plaintiff in the conveyance and failed to rendel appropriate

l9

assistatrce which put

20

is entitled to punitive damages from

Plaintiffat high risk for severe bodily harm. ConsequentlX Plaintiff

dl Disoey Defendants.

21

FOURTE.EAUSE OF ACTION

22

INTENTIONAL INFLICTION OF

?3

EMOTIONAL I}ISTRESS

24

(All Plaiutiffs against nll Defendants and DOES

25

60.

Plaintffs rcpeat, re-allege and incorporate by reference

Lg

.E

contained in paragraphs

incolporate the snme into this cause of actiou herei:r.

eaEh and

all of the allegations

I through 59, inciusive, of this complaint,

28
FtCLAREMONnGh I 80\PleadComptainl-Dc

COMPLATNT

und by this reference

61. The conduct of Disney Defendauts vras htentional, malicious, despicable and outrageous.

Disney Defendants engaged in this conduct and for the purpose of causing Plaintiffs to

suffer humiliation, mental anguislL embarrassnen! and severe emotional disfress, which

conduct i::cludes, but is not limited to allowing Plaintiffs to stay in a hotel room known

to be infested with bed bugs.

6

62. Through the outrageous conduct described above, Disney Defendants acted

with the

intent to cause, and with reckless disregard for the probability of causing Plaintiffs to

I
I

suffer sevsre emotional dishess.

63.

At all relevant timeso Dsney Defendants had actual or constructive knowledge of

l0

extrene aud ouhageous conduct described herein, and condoned, ratified and participated

i1

in such ertreme outrageous acts.

LZ

64. As a soleo direct, and proximate resuit of Disney Defendants's conduct, Plaintiffs
suffere d hr"qi liati on, mental anguish, and emoti onaVphysical di stress.

PRAYER

Ltl

WHEREFORE, Plaintifls pray for judgment as follows:

15

16
17
18

t9
2A

1.
2.
3.
8.
.
7

Special damages, according to proof at trial;

General damages, according to proof at trial;

Attoraeys' fees, i:: ao anount yet to be ascertained;

Exemplary damages,

rn, an

amount yet to be ascertained; and

For such other relief ss may be just aud proper.

zl
.LZ

SKAPtr< LA

Dated: March 7,2013

By:

24

Attorneys for Plaintifi DAVID SHOREY, an

i:rdividual

25
26

)1
28
F:ICIJREMONnOIc

B0\Plcad\Comp lain

Doc

COMPT,AI|{T