In a victory for a Guest who was injured at Walt Disney World Resort, a court has ruled that Disney produce more evidence.
Lisa Alesi filed a lawsuit against Walt Disney Parks & Resorts after she was allegedly smashed by a garbage cart and suffered injuries that she called “permanent.” The Guest says her injuries include but are not limited to injuries to her spine and ribs, which required surgery.
Alesi said she was “suddenly and unexpectedly knocked over” by a garbage cart pushed by a Cast Member at Disney’s Hollywood Studios.
According to reports from Law 360, the lawsuit was filed in 2020– four years after the incident occurred– as the plaintiff sued Disney for “negligence.” Now, after two years of litigation, a Florida Court of Appeals has ruled in favor of Alesi in one facet: Disney must produce more information.
“The Fifth District Court of Appeal panel’s ruling partially denied Disney’s petition to overturn a lower court order, agreeing with the lower court that Disney must hand over more information.
On Nov. 18, Judge Dan Traver, writing for the three-judge panel, said that the lower court rightly concluded that the work-product doctrine does not protect the information that the plaintiff Lisa Alesi requested because she does not want the actual documents created by Disney.
The work-product doctrine protects documents that attorneys have prepared in anticipation of litigation or trial. Disney had argued that the doctrine protected any details in its reports and recorded statements about the incident.
But Alesi’s request was valid because the work-product doctrine “does not safeguard the discovery of underlying facts gathered in work product materials,” the opinion stated. The panel does note that the trial court’s order incorrectly ordered Disney to produce details “not limited to” the facts around the incident, the opinion continued.”
Alesi said Disney failed in its “duty to maintain and keep its premises in a reasonably safe condition for the benefit of its Guests.” She has asked the court for an unspecified amount in damages, which would include interest and costs.
At this time, Disney has not offered a statement on the incident.
Inside the Magic will keep you updated on this lawsuit.