California Court of Appeal

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Baughman v. Walt Disney World Co., G046470

Summary judgment for defendant on plaintiff's suit alleging negligence per se and violations of the Americans with Disabilities Act, California's Disabled Persons Act, and the Unruh Civil Rights Act, based on defendant's refusal to allow her to use a Segway (a two-wheeled personal transportation device) at Disneyland, is affirmed, where: 1) defendant established it is entitled to judgment as a matter of law in that its evidence demonstrated that given the crowds at Disneyland and the intrinsic characteristics of Segways, the device poses a danger to the guests of the park, including the operator of a Segway; 2) there was no evidence that Disney's procedures amounted to a lack of a reasonable accommodation; and accordingly, 3) no triable issue of fact remains.

Appellate Information

  • Decided 07/18/2013
  • Published 07/18/2013

Judges

  • MOORE

Court

  • California Court of Appeal

Counsel

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