California Amusement Rides and Liability

Epstein, Adam, JOPERD--The Journal of Physical Education, Recreation & Dance

Gomez v. Superior Court

California Supreme Court

29 Cal.Rptr.3d 352

June 16, 2005

Twenty-three-year-old Cristina Moreno traveled from Spain to California for her honeymoon in 2000. As part of her visit, she rode the Indiana Jones amusement ride at Disneyland with her new husband. On June 25, 2000, she suffered a brain injury, and she eventually died on September 1, 2000, as a result of injuries allegedly sustained while riding on the attraction. After her death, her estate and heirs filed a complaint for wrongful death and damages against the Walt Disney Company and related defendants. Her estate claimed that Moreno "suffered serious injuries due to the violent shaking and stresses imposed by the ride," and that the jeep-style ride vehicles resulted in bleeding in Moreno's brain similar to what happens to a child who has suffered from shaken-baby syndrome. The Supreme Court of California, after a reversal and several appeals, held in a 4 to 3 decision that Disney was liable as an operator of an amusement park ride and was considered a "carrier of persons for reward" within the meaning of California Civil Code sections 2100 and 2101 (West's).

The Superior Court and the California Court of Appeal

The plaintiffs brought …

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Publication information: Article title: California Amusement Rides and Liability. Contributors: Epstein, Adam - Author. Journal title: JOPERD--The Journal of Physical Education, Recreation & Dance. Volume: 76. Issue: 8 Publication date: October 2005. Page number: 11+. © 2009 American Alliance for Health, Physical Education, Recreation and Dance (AAHPERD). COPYRIGHT 2005 Gale Group.

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