A Disney Parks guest filed a lawsuit against the company late last year, claiming she fell after tripping on trolley tracks, causing her injury. Now she has withdrawn the lawsuit.
Smith claimed that she had tripped over the trolley tracks on Main Street U.S.A, causing her to fall and sustain permanent injuries.
“Further, she claims that her fall resulted in serious injuries that caused her to suffer from bodily and terminal injury including a permanent injury; physical and mental pain and suffering; disability, physical impairment, disfigurement, mental anguish, inconvenience; loss of capacity for the enjoyment of life; aggravation of an existing condition; expenses of treatment; past lost wages; and loss of ability to lead and enjoy a normal life.”
Her lawsuit claimed that the area did not offer any type of protective or warning measures to keep guests from falling over the embedded track. Claiming the area lacked warning signs.
(To be fair, the trolley tracks are a tripping hazard, but they are clearly visible. I have rolled my ankle more than once there, but it was my own fault because I knew that they were underfoot, but I was too busy staring at the castle and moving with the crowd to get to rope drop.)
Disney responded to her lawsuit last February, arguing that she didn’t pay attention to her surroundings and demanded a trial by jury.
Now, Smith has given the Court Notice of Voluntary Dismissal with Prejudice.
Meaning she can’t sue for this again.
So either she realized that she couldn’t win or she was given a reason to drop it.
Either way, that case ends here.