A man is still trying to sue Disney World after he claimed he suffered a stroke at the theme park’s Hollywood Studios in 1998, when he was 68 years old. The decade-old lawsuit claims the thrill ride, the Twilight Zone Tower of Terror, caused him to have the stroke.
In 2010, an Orange County jury initially ruled against the man’s lawsuit, yet his lawyers appealed it. They claimed that the judge in the trial should have allowed the jury to consider a general-negligence claim instead of a premises liability claim only. His attorneys also argued that the judge failed to allow them to introduce several key pieces of evidence including similar injuries involving the Tower of Terror, according to an article in the Orlando Sentinel.
Recently, lawyers for Disney and the plaintiff spent time in front of the Fifth District Court of Appeals and presented arguments from both sides. The lawyers for the man, who is now in his 80s, want the appellate court to decide whether Disney should be considered a “common carrier” since it operates rides. Common carriers are held to higher safety standards than other businesses.
It’s unknown at this time when the courts will issue a ruling in the case. Lawsuits related to injuries on amusement park rides are not unusual. However, proving that such a ride caused a medical issue can be harder to prove, particularly since there were no proven technical glitches with the Tower of Terror ride in this case.