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Law Case against Disney, over ToT

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Man Claims 'Tower Of Terror' Caused Stroke ORLANDO, Fla. -- It's called the Tower of Terror, but one man says the real terror happened after he rode it. He says the ride caused him to have a stroke and now he's suing Disney. It is extremely rare for a personal injury case over a theme park ride to go to trial and most are settled or dismissed. Marvin Cohen’s incident happened in 1998. It has taken until this week to go to trial. Cohen said the ride itself is flawed. The man's attorneys argue the ride is dangerous and Disney failed to warn riders of the safety risks. “Do you have any comment about the case?” WFTV reporter Mary Nguyen asked Cohen. “No, I cannot comment,” Cohen replied. Marvin Cohen, 80, would not talk to WFTV about his case against Disney, because his attorney and Disney agreed not to talk to the media about the case until after the trial. “I'll talk with you after the case is over,” Cohen's attorney said. Cohen's attorney said his client was physically active when he first rode the Tower of Terror in 1998, but 23 days after he rode it he had a stroke. When people ride the Tower of Terror they get onto an elevator-like ride; it then drops several floors in a matter of seconds, as well as going back up. Cohen’s attorney said the ride can create whiplash that can seriously injure riders. An expert witness said she believes the ride caused the stroke. “This dissection could only have occurred from a severe torsional rotation about his neck that occurs hours to weeks prior to the stroke itself,” the expert said. Cohen's attorney is not saying the out-of-control elevator ride malfunctioned, but claims Disney failed to give riders an adequate restraint system and doesn't give enough warning for potential injuries. Disney disagrees and claims the ride is fun and safe for the entire family regardless of age. They argue Cohen had pre-existing conditions and his stroke was not caused by the ride. Disney does have signs posted in front of the Tower of Terror that warn riders with medical conditions not to get on the ride. The trial will resume Friday morning. This isn't the first lawsuit filed against Disney over the Tower of Terror, but the other case is a fight to ride the attraction. WFTV reported when Denise Mooty filed a lawsuit in January of 2009. She has internal scarring and says riding the Tower of Terror over and over somehow helps with the pain. The lawsuit claims a manager told her she could go on the ride only four times per park visit. However, Disney said she was banned after she cursed at a manager. That case is still pending.
He rode it in 1998 and the case is going to trial now, but how can they prove having that stroke, that it was caused from riding the ToT, 23 days before he had it.
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As usual, when it comes to disney park relating information, I find my best source is always David Koenig's books. he talks at length about people who either do something stupid, and sue disney, or legitimately suffer an injury, and sue disney, or suffer what appears to be an unrelated problem, and because one could draw a line to the park, sue disney. At the end of the day, litigation is always directed at those with the biggest and deepest pockets. The fact is there are a lot of people who are all but happy, healthy and kicking fighting fit - who suddenly drop from a stroke. This may be the case in this situation. They have ONE expert who claims that the attraction would have caused a stroke. I'm sure you could find 50 more experts who would testify that it could not have happened without a pre-existing condition. From my knowledge, a stroke is typically caused by a blood clot entering the brain. Are we to believe a clot developed in 23 days post-ride? No.... so he already had a clot, and therefore any violent action or exertion may have dislodged it - he could have had it while jogging on a treadmill, or diving into a pool... for chrissake the guy was 68 when he had the stroke - he's now 80 so he lived another 12 years after the incident and is still solid enough to pursue a legal case on his own two feet..... "If in doubt, point the finger at the richest guy in the room and sue."

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