A Mickey Mouse Case
Tuesday, November 27, 2007 at 00:00
By Marcel Strigberger
A woman in New Mexico successfully sued McDonalds for damages for burns suffered after she spilled hot coffee on her lap while driving her car. If you think that was bizarre, try this one on for size.
The Globe and Mail recently ran a front-page story about an incident at Disneyland wherein a family was robbed. But it seems the mugging was not the chief cause of concern for the family. While park officials interviewed the victims in the office it seems the family's children spotted a handful of those Disney characters you see parading around the grounds taking pictures with guests. These characters were in the process of walking around with part of their costumes off and after the parents noticed this they went ballistic and they are now suing Disney.
You see the perturbed parents are claiming that now their kids know it's all make belief. Imagine the trauma of it all!
I look forward to reading about the decision when it comes down the road. In the interim I have not doubt that the reasons for judgment will look something like this:
GRUMPY J. (orally): This is an action by the parents of little Pamela and Kevin Dudley against the defendant Disney for damages for mental distress.
The family set out during the winter break to have a good time at the theme park. Unfortunately they were robbed at gunpoint by some lout. Although upsetting this event only caused a ripple compared to what was yet to come.
When the victims attended at the office to give a statement to security the Disney people were foolish enough to allow some of their staff dressed in cartoon character outfits to walk around with their costumes partly off. As Mr. Dudley was busy describing the mugger he suddenly heard his kids scream, "Dad, there's Mickey Mouse. And his head is human. Ugh!!"
Within minutes the family also spotted Goofy and Pluto, similarly headless. And they noticed Donald Duck walking around with his webbed feet off. A quick thinking Mickey Mouse put his head back on but alas it was too late for the Dudley kids. Seven-year-old Kevin exclaimed, "Mommy, I feel sick. You lied to me. Mickey Mouse isn't a real mouse."
Evidence was given on behalf of the plaintiffs by an expert, Professor Hartley Rosenmark of Harvard University. Professor Rosenmark, a noted psychologist has conducted extensive research on what he calls Cartoon Character Shock Syndrome or CCSS. He would subject mice to watching cartoons and then he would bring in a human wearing a cartoon character costume and observe the reaction of the mice. In one instance after Sylvester the Cat walked in and removed his headgear, the mice refused to eat for days. The professor diagnosed the mice as having severe depression and he subsequently had to lace their cheese with Prozac.
The Professor testified that CCSS is a horrific trauma and that having examined the Dudley kids, he has no doubt that they are scarred for life. Says Professor Rosenmark, "CCSS is generally irreversible".
The Dudleys offered to take the kids for another trip to Canada's Wonderland but they absolutely refuse to go. Little Pamela said, "What if we get there and we see that Yogi Bear is also phoney." The poor child then went into an uncontrollable crying fit.
Defence counsel in cross-examining the professor suggested to him, "What if the kids would see Santa Claus removing his beard?"
I plaintiffs' counsel correctly objected to this question as being irrelevant. I found it abhorrent for defence counsel to even suggest that in California there is no Santa Claus. I suppose he also thinks Rudolph's nose isn't red.
I have no hesitation in finding that the defendants were grossly negligent and callous in their behaviour and I award damages to the plaintiffs in the amount of $2 million dollars for general damages, $1 million for punitive damages, another million for aggravated damages and for good measure and as a general deterrence a further million for exemplary damages. I also commend the plaintiff's lawyer for his able presentation of the case.
Next case, Jimmy Hudson versus Toronto Skydome and BJ Birdie.
A woman in New Mexico successfully sued McDonalds for damages for burns suffered after she spilled hot coffee on her lap while driving her car. If you think that was bizarre, try this one on for size.
The Globe and Mail recently ran a front-page story about an incident at Disneyland wherein a family was robbed. But it seems the mugging was not the chief cause of concern for the family. While park officials interviewed the victims in the office it seems the family's children spotted a handful of those Disney characters you see parading around the grounds taking pictures with guests. These characters were in the process of walking around with part of their costumes off and after the parents noticed this they went ballistic and they are now suing Disney.
You see the perturbed parents are claiming that now their kids know it's all make belief. Imagine the trauma of it all!
I look forward to reading about the decision when it comes down the road. In the interim I have not doubt that the reasons for judgment will look something like this:
GRUMPY J. (orally): This is an action by the parents of little Pamela and Kevin Dudley against the defendant Disney for damages for mental distress.
The family set out during the winter break to have a good time at the theme park. Unfortunately they were robbed at gunpoint by some lout. Although upsetting this event only caused a ripple compared to what was yet to come.
When the victims attended at the office to give a statement to security the Disney people were foolish enough to allow some of their staff dressed in cartoon character outfits to walk around with their costumes partly off. As Mr. Dudley was busy describing the mugger he suddenly heard his kids scream, "Dad, there's Mickey Mouse. And his head is human. Ugh!!"
Within minutes the family also spotted Goofy and Pluto, similarly headless. And they noticed Donald Duck walking around with his webbed feet off. A quick thinking Mickey Mouse put his head back on but alas it was too late for the Dudley kids. Seven-year-old Kevin exclaimed, "Mommy, I feel sick. You lied to me. Mickey Mouse isn't a real mouse."
Evidence was given on behalf of the plaintiffs by an expert, Professor Hartley Rosenmark of Harvard University. Professor Rosenmark, a noted psychologist has conducted extensive research on what he calls Cartoon Character Shock Syndrome or CCSS. He would subject mice to watching cartoons and then he would bring in a human wearing a cartoon character costume and observe the reaction of the mice. In one instance after Sylvester the Cat walked in and removed his headgear, the mice refused to eat for days. The professor diagnosed the mice as having severe depression and he subsequently had to lace their cheese with Prozac.
The Professor testified that CCSS is a horrific trauma and that having examined the Dudley kids, he has no doubt that they are scarred for life. Says Professor Rosenmark, "CCSS is generally irreversible".
The Dudleys offered to take the kids for another trip to Canada's Wonderland but they absolutely refuse to go. Little Pamela said, "What if we get there and we see that Yogi Bear is also phoney." The poor child then went into an uncontrollable crying fit.
Defence counsel in cross-examining the professor suggested to him, "What if the kids would see Santa Claus removing his beard?"
I plaintiffs' counsel correctly objected to this question as being irrelevant. I found it abhorrent for defence counsel to even suggest that in California there is no Santa Claus. I suppose he also thinks Rudolph's nose isn't red.
I have no hesitation in finding that the defendants were grossly negligent and callous in their behaviour and I award damages to the plaintiffs in the amount of $2 million dollars for general damages, $1 million for punitive damages, another million for aggravated damages and for good measure and as a general deterrence a further million for exemplary damages. I also commend the plaintiff's lawyer for his able presentation of the case.
Next case, Jimmy Hudson versus Toronto Skydome and BJ Birdie.
______________
© 2007 Marcel Strigberger. This article CANNOT be copied or reproduced in any way without the expressed written consent of the Author.
Add a comment