NEUBAUER v. DISNEYLAND, INC.

No. SACV 94-841 GLT.

875 F.Supp. 672 (1995)

Gary NEUBAUER and Donna Neubauer, Plaintiffs, v. DISNEYLAND, INC., Walt Disney, Inc. dba Disneyland; Disneyland; Disneyland International; The Walt Disney Company, Defendants.

United States District Court, C.D. California, Southern Division.

February 8, 1995.


Attorney(s) appearing for the Case

Drew R. Antablin, Cheong & Denove, Los Angeles, CA, for plaintiffs.

Stephen T. Waimey, Mercedes Cruz, Larry R. Schmadeka, Lewis, D'Amato, Brisbois & Bisgaard, Los Angeles, CA, for defendants.


ORDER DENYING MOTION TO DISMISS

TAYLOR, District Judge.

The court holds that, under California's broad common carrier statute, a Disneyland amusement park ride may be a common carrier, having a duty of utmost care and diligence.

I. BACKGROUND

Plaintiff patrons at Disneyland in Anaheim, California, claim personal injuries when their boat on the popular "Pirates of the Caribbean" amusement ride was rammed from behind by another boat...

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