The past month has been a tumultuous one for Disney with scandal after scandal popping up and surrounding the company seemingly every few days.
Now, according to Netolabo, the Tokyo Disney Resort operator has now been ordered to pay damages to an unnamed woman who filed her lawsuit back in 2018 due to violations of safety and accusation of harassment. The woman worked at the Resort as a character performer for over a decade. The Oriental Land Company, where she worked as a character performer for thirteen years.
Reportedly, supervisors at the Park spread rumors about her and other Cast Members working there, saying things like “Women over 30 shouldn’t work here, why don’t you quit already” to the woman. In a statement to the press, she said “I have endured this for many years, but nothing will change if I just put up with it. My dream is to have a workplace where I can continue to work with peace of mind, where there is no power harassment.”
Also included in the lawsuit was an incident involving the woman’s finger. According to the suit, the woman’s finger was injured after a Guest twisted in, The woman said her claims for worker’s compensation were quickly dismissed, claiming she was told “You’re an entertainer, you have to put up with that sort of thing. You’re so weak,” the boss reportedly said.
The suit was filed by the woman with damages reported to be ¥3.3 million or around $30,000. The woman claimed that the Oriental Land Company, the organization that runs and operates the Tokyo Disney Resort, failed to educate its employees on the prevention of harassment and also failed to take measures to relieve victim’s suffering. Now, a ruling was reached with the judge ordering Oriental Land to pay ¥880,000 or $7100 to the woman in damages.
In the midst of this legal drama, the Oriental Land Company released a statement saying “It is truly regrettable that some of our claims were not recognized in this judgment, and we will consider our future response after carefully examining the details of the judgment. In addition, no statements were found to fall under the category of ‘power harassment’ as claimed by the plaintiff. We apologize for the concern we have caused to our Guests and all those who support us on a daily basis.”
A new lawsuit has been filed against Walt Disney Parks and Resorts US Inc. and Disney Vacation Development Inc. regarding a 2019 incident involving Guests at Disney’s Old Key West Resort. Mr. and Mrs. Klinger are suing these departments of The Walt Disney Company for a six-figure sum after Mrs. Klinger severely injured herself while staying at the Deluxe Villa Resort.
The claim seeks retribution for the negligent behavior of Walt Disney Parks and Resorts US Inc. and Disney Vacation Development Inc. As seen in this public civil court document, the plaintiffs are seeking a monetary sum in excess of $100,000.00 for the alleged negligence of the defendant.
The complaint submitted by the Klingers reveals the incident that left Mrs. Klinger seriously injured at the Disney Resort. The public court records state:
On or about February 14, 2019, [Mr. and Mrs.] Klinger were guest of the Resort. On that day, Mrs. Klinger was injured while using the sandcastle water slide at the Resort pool. Mrs. Klinger impacted the floor of the pool with sufficient force to injure her.
As a result, Mrs. Klinger suffered a severe left ankle injury including ligament tears which required surgical intervention. Since the initial surgery, Mrs. Klinger has been diagnosed with chronic regional pain syndrome as a result of the incident.
The complaint clearly states that at all times Disney Parks owned and operated the attraction at Disney’s Old Key West Resort and that they, solely, are responsible for Mrs. Klinger’s injury.
Defendant, DISNEY PARKS, as owner or operator of the Resort, owed Mrs. Klinger a duty to maintain its premises in condition that was safe for all guests through the use and implementation of regular inspections, repair procedures, maintenance and follow-up and to correct dangerous conditions of which it either knew or should have known existed by the use of reasonable care.
The list of Disney Parks’ breaches of health and safety are listed below, per the documents:
Defendant, DISNEY PARKS, breached its duties in one or more of the following ways:
a. Failing to maintain the sandcastle water slide in order to avoid the amount of water to increase the speed beyond the recommended standard;
b. Failing to maintain the depth of the catch pool;
c. Failing to have a proper angle for the exit flume;
d. Failing to instruct users of the proper body position; and
e. Failing to include adequate warnings regarding user body position.
As for Disney Vacation Development Inc., the plaintiffs issue similar complaints, and as a result of both Disney Vacantion Development Inc. and Walt Disney Parks and Resorts US Inc. the plaintiff:
…sustained pain and suffering, mental anguish, emotional distress, permanent injury, loss of wages, incurred medical expenses, and has sustained a loss of the capacity for the enjoyment of life in the past and will incur these losses in the future.
The complaint submitted by attorney Garay Law shows that the plaintiffs demand a jury trial.
When it comes to performing in a Broadway production, having a strong and powerful voice is always an asset. However, the performer’s voice also has to blend well with others on stage. Harmony and balance are key. One actress is suing Disney, claiming that the man they cast to play Aladdin opposite her Princess Jasmine did not have balance. She is claiming that having to work with him caused irreversible damage to her vocal cords.
Jade Ewen played Princess Jasmine in London’s West End production of Aladdin from 2016 until 2019. The professional singer claims that everything was fine until Disney replaced her male costar in 2017. According to Ewen, the new actor — Matthew Croke — was unable to harmonize properly if he heard other people singing. This caused him to sing incredibly loud, so he could not hear anyone else. Ewen claims that because he sang so loudly, she was also forced to sing loud, so she could also be heard.
Mr Croke was six foot one inch tall compared to the claimant’s height of five feet two inches. This meant Mr Croke’s mouth was positioned at broadly the height of the claimant’s forehead microphone when he was singing the duets with her.
“Due to Mr Croke’s very loud singing voice and his position in relation to the claimant’s microphone, during the duets his voice was picked up by the claimant’s microphone.
“This caused the claimant’s voice to be ‘drowned out’ so that she could not hear herself when singing at a volume which was comfortable for her.
“The claimant was forced, repeatedly during the eight performances per week, over a period of about 18 months, to sing at a louder volume and with greater strength than was comfortable and/or safe for her.
“Her vocal cords were placed under strain, increasing the risk of damage being caused to her vocal cords.
“Further, there was something of a vicious circle in that the louder she sang, the louder Matthew Croke sang over her.”
The barrister claimed that Miss Ewen complained on “many” occasions about the sound mix on stage and being drowned out, but was told to “sing louder.”
“From about March 2018, the claimant began to experience symptoms of recurrent hoarseness, discomfort and imbalance in her singing voice,” he says.
“To be able to perform satisfactorily in the shows, she started having to take enforced breaks from speaking and singing and to spend her days off in complete silence.”
In 2019, Ewen was diagnosed with vocal cord lesions and a vascular polyp. This means that she had abnormal, benign growths on her vocal cords. These had to be removed through two surgeries. While the problem has been fixed, Ewen claims that the whole ordeal is now making her struggle with “career-damaging anxiety.” Her inability to work as she used to is why she is suing The Walt Disney Company.
Disney is fighting those claims. The company says that it did everything in its power to keep its performers safe and that Matthew Croke was an accomplished stage performer when he was cast as Aladdin. Ewen says that she asked to be provided with an in-ear monitor, but Disney claims that performers on the West End do not typically have in-ear monitors. Disney also claims that Ewen was aware of the demands when she signed on to do eight performances a week.
Ewen’s case against the House of Mouse is currently in pre-trial motions. A court date has not been set at this time. Ewen is suing Disney for £200,000, which is more than $260,000.
A woman who was a Guest at the Walt Disney World Resort three years ago in 2018 has filed suit against Walt Disney Parks and Resorts, part of The Walt Disney Company, alleging personal injury, as she claims she was electrocuted while trying to use an outlet in the Resort Hotel room where she stayed back in September 2018.
On November 4, 2021, attorney Max A. Eichenblatt of Winter Park, Florida, filed suit on behalf of Courtney Randall against Disney in Orange County Circuit Court, alleging negligence on the part of the Walt Disney World Resort that resulted in the alleged electrocution.
Per the complaint filed in court (Ninth Judicial Circuit Court for Orange County filing number 137926812), Randall and her family were Guests of the Walt Disney World Resort in September 2018. On September 9, 2018, while in the family’s Disney Resort Hotel room, Randall and her family noticed an electrical problem with several of the outlets were not in working order. Some of them, per the complaint, hung out from the wall. Randall claims she notified the Resort Hotel and was told that a Cast Member would arrive at her hotel room that day to take care of the issue.
Randall further claims in the complaint that on September 10, the following day, she attempted to use one of the outlets, as she was under the impression that the issues with the outlets had been addressed (possibly while the family was enjoying the theme parks). In court documents filed against Disney, Randall states that she attempted to use one of the outlets and was electrocuted in the process.
The complaint claims that Randall has suffered disability, mental anguish, a loss of capacity for the enjoyment of life, and disfigurement. It further claims that her alleged electrocution also netted her the expense of medical care, as well as the loss of future earning capacity.
Per the website for the Ninth Judicial Circuit Court in Orange County, “the court is located in the heart of Central Florida and is one of 20 judicial circuits in the state. Serving Orange and Osceola counties, the Ninth Circuit covers over 2,000 square miles and serves more than 1.3 million residents, making it one of the largest circuits in Florida. Additionally, because of Central Florida’s great sunshine, family attractions, and a strong economy Central Florida plays host to nearly 50 million business and vacationing visitors each year, making this the most visited region of the world.”
Ana Maria Reis Martins was working as a Cast Member food server on the Disney Dream cruise ship in 2013 when she was injured as she crossed the street in Nassau, Bahamas, and was hit by a vehicle. She was then treated aboard the Disney cruise ship before heading home to Portugal.
Under United States maritime law, Ms. Martins was entitled to “maintenance and cure,” or medical treatment until her condition stabilized at a point where it couldn’t be improved. According to the legal dictionary at nolo.com, “maintenance” is described as “the room and board of the injured [cruise ship worker] while recovering from the injury at home, and “cure” is “the injured [cruise ship worker’s] reasonable and necessary medical expenses, along with the cost of transportation for getting to his or her reasonable and necessary medical treatment.”
Martins’ doctor in Portugal said she reached the point where her condition could not be improved upon in 2014. This point is known as “maximum medical improvement,” or MMI. Martins went back to work with Disney Cruise Line for a brief time after that, but began to complain of intense pains in her chest. The physician aboard the cruise ship on which Martins worked called the condition “post-traumatic intercostal neuralgia,” which can develop and persist after chest trauma like the trauma she endured when she was hit by the vehicle in Nassau.
It was at that time that Martins again returned to her home in Portugal. Disney resumed paying Martins maintenance and cure, but two months after a neurosurgeon in Portugal diagnosed her with broken ribs and a fractured sternum and said she had reached the point of MMI and was unable to continue her duties as a food server with Disney Cruise Line, Disney ceased maintenance and cure payments to Martins.
One year later, Martins employed an attorney who in turn demanded Disney resume maintenance and cure payments immediately. Disney representatives requested information so that the claim could be investigated, but instead of submitting that information, Martins and her attorney filed suit against Disney in December 2015.
As part of discovery in the case, Martins submitted medical information that detailed conditions from which she was suffering, including depression, insomnia, chronic obstructive pulmonary disease, cervical radiculopathy, which is clinical-speak for “pinched nerves,” and a vertebral collapse.
Disney’s investigation yielded no findings that would change Martins’ MMI to a later date, which would have meant the House of Mouse needed to resume payments to Martins. In 2017, Disney hired its own medical expert, a neurosurgeon, whose expert opinion it was that Martins’ condition could not be improved upon. But the court dismissed Disney’s objections to Ms. Martins’ claims and sided with her, awarding her a $4 million judgment, citing Disney being “willful and callous” by not continuing to pay the employee’s maintenance and cure.
According to an online post from WESH Channel 2 News in December 2019, a jury in the Brevard County courts system awarded Martins $2 million for lost earnings, $1 million for pain and suffering, and $1 million in punitive damages as a sort of punishment for Disney. Ms. Martins’ attorney said it was the first time Disney had lost a personal injury suit involving a Disney Cruise Line employee in a jury trial.
But now a Florida Court of Appeals has reversed the decision of that jury, striking down the judgment in Ms. Martins’ favor, stating that punitive damages were wrongly awarded to her because they were based on incorrect estimates of future medical care needed by Ms. Martins by her economic expert. Florida’s Fifth District Court of Appeals ruled on November 12, 2021, that Martins did not provide enough evidence needed to substantiate a punitive damages claim. The court also ruled that estimates for Ms. Martins’ economic/financial damages should not have been shown to the jury.
“There must be evidence that the shipowner acted with a level of callousness and bad faith, which Martins did not present,” the court said. “Thus, the question of punitive damages should not have gone to the jury.”
The $2 million award for economic damages was also reversed and will be retried in court.
It was Mr. Gary Anderson, Martins’ economic damages expert, who testified in court that Martins would need $1.7 million to cover future medical expenses and that she faced a loss in future wages of $1.4 million, but the court ruled that Anderson had no expertise in the area about which he was testifying. The Appeals Court further threw out Martins’ claim for attorneys’ fees to be covered, citing the Jones Act, which is a federal maritime personal injury law. The Jones Act does not allow for attorneys’ fees to be recovered by the plaintiff.
