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Tower of Terror Not Dangerous Lawsuit Concludes

Posted by Jane Akre
Tuesday, May 04, 2010 1:20 PM EST
Category: Protecting Your Family
Tags: Tower of Terror, Disney, Orlando, Amusement Park, Stroke

Disney Cleared in Tower of Terror Action

When a Philadelphia man, Marvin Cohen, now 80, said the Disney ride Tower of Terror caused his stroke in 1998, he filed a lawsuit.

The 2002 suit is one of the few against the entertainment giant not to be settled pre-trial.

On Monday, an Orange County jury concluded a three-week trial by deciding that the Twilight Zone Tower of Terror ride was not unsafe and that Disney was not negligent.

Cohen boarded the ride in 1998 with his granddaughter. He said he had no idea it was a high-speed ride complete with sudden drops. His complaint charged that the sudden drops were responsible for a tear in an artery that lead to a debilitating stroke a few weeks later, reports the Orlando Sentinel.

Cohen might appeal. His attorney, Barry Novack of Los Angeles, believes the judge’s rulings before and during the trial prevented Mr. Cohen from pursing his claims that the warning on Tower of Terror misled him.

The Orlando Sentinel, in reviewing hundreds of lawsuits against Disney, said the Cohen suit stood out because it does not charge that a ride malfunctioned; rather than it challenged the ride itself. The jury instructions were as follows:

"Was there a dangerous condition on the tower ride called Tower of Terror on March 28, 1998, about which the Walt Disney World Co. either knew or should have known, by the use of reasonable care? No." #

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