California Verdicts

Plaintiff(s):

John Vuksic , 

Lindsey Vuksic (Female, 17 Years), 

Leigh Ann Vuksic

Plaintiff Attorney(s):

Brian K. Stewart;
Collins Collins Muir + Stewart LLP;
South Pasadena,
CA,
for
John Vuksic, Lindsey Vuksic, Leigh Ann Vuksic ■ Christian E. Bredeson;
Collins Collins Muir + Stewart LLP;
Orange,
CA,
for
John Vuksic, Lindsey Vuksic, Leigh Ann Vuksic

Plaintiff Expert(s):

Barry Pressman; M.D.; Neuroradiology; West Hollywood,
CA called by:
Brian K. Stewart, Christian E. Bredeson ■ David Sheffner; M.D.; Psychiatry; Newport Beach,
CA called by:
Brian K. Stewart, Christian E. Bredeson ■ Arthur Wu; M.D.; Otolaryngology; Los Angeles,
CA called by:
Brian K. Stewart, Christian E. Bredeson ■ Edward Pribonic; Amusement Parks; Seal Beach,
CA called by:
Brian K. Stewart, Christian E. Bredeson ■ Roland Reinhart; M.D.; Pain Management; Rancho Mirage,
CA called by:
Brian K. Stewart, Christian E. Bredeson ■ Wouter Schievink; M.D.; Neurosurgery; Los Angeles,
CA called by:
Brian K. Stewart, Christian E. Bredeson ■ Jeffrey Gross; M.D.; Neurosurgery; Laguna Niguel,
CA called by:
Brian K. Stewart, Christian E. Bredeson

Defendant(s):

Walt Disney Parks and Resorts, U.S., Inc.

Defense Attorney(s):

Gary A. Wolensky;
Buchalter Nemer APLC;
Irvine,
CA,
for
Walt Disney Parks and Resorts, U.S., Inc. ■ Anne Marie Ellis;
Buchalter Nemer APLC;
Irvine,
CA,
for
Walt Disney Parks and Resorts, U.S., Inc.

Defendant Expert(s):

Mark Kalish;
Psychiatry;
San Diego,
CA called by:
Gary A. Wolensky, Anne Marie Ellis ■ Hamid Djalilian;
Otolaryngology;
Orange,
CA called by:
Gary A. Wolensky, Anne Marie Ellis ■ Thomas Szabo;
Biomechanical;
Long Beach,
CA called by:
Gary A. Wolensky, Anne Marie Ellis ■ Rachael Gordon;
Neuroradiology;
Beverly Hills,
CA called by:
Gary A. Wolensky, Anne Marie Ellis ■ Christine Wood;
Warnings & Instructions;
Menlo Park,
CA called by:
Gary A. Wolensky, Anne Marie Ellis

On Oct. 15, 2012, plaintiff Lindsey Vuksic, 17, a high school senior, was a passenger on Splash Mountain, a log flume ride at the Disneyland Resort, in Anaheim. The ride consists of a water flume, or man-made channel of water, and artificial, hollow logs, or boats. Up to seven passengers can sit in the logs, which are propelled along the flume by the flow of water. Lindsey claimed that she and her family members were in a log that suddenly decelerated while going up one of the lifts, causing her to strike her face on the seatback in front of her. She claimed she subsequently sustained injuries to her head, face, and back. Lindsey was the only person in the log who was injured. Lindsey and her parents, John Vuksic and Leigh Ann Vuksic, sued the operator of Disneyland, Walt Disney Parks and Resorts, U.S., Inc. The Vuksic family alleged that Walt Disney Parks and Resorts defectively designed and manufactured the product, creating a dangerous condition. They also alleged that Walt Disney Parks and Resorts failed to warn of the dangerous condition and was negligent in the operation of the ride. Lindsey claimed that on the date of the incident, she and her family members were loaded into a log that contained excess water and that when the log was going up one of the lifts, the excess water caused the log to suddenly decelerate. She alleged that the deceleration ultimately caused her to hit her face on the seatback in front of her. Plaintiffs’ counsel argued that Walt Disney Parks and Resorts was negligent in its operation of the attraction and that the log was defectively designed in that the flapper valve dislodged, causing excess water to go into the log. Counsel also argued that the lack of guest restraints on the attraction may have been defective, as Walt Disney Parks and Resorts never did a proper restraint analysis. Specifically, plaintiffs’ counsel contended that there was a lack of a footrest or sufficient padding in the log and that the handrails were made of stainless steel, which made them slippery. Counsel also implied that the log should have had a lap belt or lap bar to restrain guests. In addition, plaintiffs’ counsel argued that the warnings for the attraction were inadequate because nowhere was there language that guests should hold onto something to be restrained. The plaintiffs’ amusement park expert testified about the alleged various design inadequacies. Defense counsel denied that Walt Disney Parks and Resorts was negligent, and asserted that neither the attraction nor the log were defective in any respect. Counsel also argued that any excess water did not have an effect on either the ride forces or the ride experience of guests. The defense’s biomechanical/mechanical engineering expert testified that, based on his testing, excess water in the log would have had no bearing on the forces on the log or anyone inside of the log. The expert also testified that the log is not required to have restraints due to the mild forces of the attraction. The defense’s warnings and instructions expert opined that the warnings were adequate, noting the very low risk of injury on the ride.

Lindsey claimed that she sustained a fractured nose and a basilar skull fracture, which included a fracture of the cribriform plate. She also claimed that she suffered back pain and severe emotional distress as a result of the incident. Lindsey received basic first aid at Disneyland and then went to an urgent care center a few hours later. However, after undergoing X-rays, it was determined that Lindsey’s nose was not fractured. After months of self-referral to various doctors, Lindsey was diagnosed with a possible cribriform plate fracture and a cerebral spinal fluid leak. She subsequently underwent multiple procedures and surgeries for approximately nine months. However, Lindsey claimed that the numerous lumbar punctures and drains that she had received throughout the treatment for her skull fracture and cerebral spinal fluid leak caused her to develop chronic back pain, which she found to be debilitating. As a result, she received epidural injections. In addition, Lindsey claimed that she developed post-traumatic stress disorder and severe emotional distress as a result of the incident and subsequent medical treatment. Lindsey’s parents, John Vuksic and Leigh Anne Vuksic, sought recovery of approximately $390,000 for Lindsey’s past medical expenses and approximately $100,000 for Lindsey’s future medical care. Lindsey also sought recovery of damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of Lindsey’s alleged injuries and damages. Counsel also disputed Lindsey’s claim that she is debilitated, noting that, at the time of trial, she was a college student and doing well.

The jury found that there was no negligence on the part of Walt Disney Parks and Resorts, and no design or manufacturing defects. It also found that the warnings on the ride were adequate. Thus, the jury rendered a defense verdict.

Judge:

Gregory H. Lewis

Demand:

$3,600,000

Offer:

None

Trial Length:

15
 days

Trial Deliberations:

5
 hours

Jury Vote:

11-1 on some questions and 9-3 on others

This report is based on information that was provided by plaintiffs’ and defense counsel.