Disney Character Lawsuit Concludes

[cknorr28]

By Tim Persinko
April Magolon, of Upper Darby, said she was touched by Disney character at Epcot Center in Florida, but not in a good way.

She settled a lawsuit seeking punitive damages from Walt Disney Parks and Resorts in federal court on Friday, the Philadelphia Daily News reported.

Magolon claimed that she was groped by a Disney employeed dressed in a Donald Duck costume while on vacation in 2008. Magolon accused Donald, who has an on-screen relationship with Disney character Daisy Duck, of fondling her breast.

The incident was described in a court-filed complaint: "Defendant dressed as Donald Duck proceeded to grab plaintiff, April Magolon's breast and molest her and then made gestures making a joke indicating he had done something wrong."

Magolon's attorney claimed in the complaint that this alleged groping incident left her with a number of chronic ailments. In the court filing, Magolon said that after the character Donald Duck touched his wing to her breast, she suffered post-traumatic stress disorder, muscle contraction,headaches, acute anxiety, headaches, nausea, cold sweats, insomnia, nightmares, flashbacks, and digestive problems. The complaint states that due to this pain and suffering, described in the court papers as a "severe shock to her entire nervous system," Magolon has been kept her from her job duties, causing her to loss money.

The complaint also said that Magolon's vacation was ruined.

The lawsuit charged Walt Disney Parks and Resorst of negligence, mentioning a 2004 trial in which another Disney employee was accused of inappropriate touching, this time dressed as Tigger. In that case, Michael Chartrand, the accused, was acquitted of wrongdoing by a jury. During the trial, his attorney donned a Tigger uniform in the court room, to demonstrate how difficult it was to see our grab anything while wearing such an outfit.

No details of the settlement have been released by either party.

This is just crazy. How can people be so stupid?

[GrumpyFan]

I wonder what made them decide to just settle it? If I remember correctly, they were also alleging that Disney has a history of these kinds of incidents and covering them up. Perhaps they just didn't want it to turn in to a circus. Regardless, I'm a little surprised they did settle. But, then again, it didn't say that Disney settled or offered anything, just that she settled. Disney could have just as easily brought a lot of ugly counter-evidence into the case exposing her as a fraud or something, that made her decide it was in her best interest not to pick a fight with the Mouse.

[DisneyMom12]

When I was 15 I was posing for a picture with Robin Hood. He grabbed my butt. I was totally caught off guard, but I ended up laughing, and a bit embarrassed. Not once did lawsuit enter my mind, nor did such an event cause any of the listed problems that occurred to to this woman. I find it ridiculous. Looking back now, it was very inappropriate, and I probably should have said something to someone about it.

[DisneyWFan]

Channel 2 WESH Orlando is reporting that the case was dismissed

Donald Duck Disney World Lawsuit Dismissed
POSTED: 4:34 pm EDT May 13, 2011
UPDATED: 5:30 pm EDT May 13, 2011

LAKE BUENA VISTA, Fla. -- Donald Duck is off the hook. A Pennsylvania woman was suing Disney, claiming that Donald groped her while she was at Epcot in 2008.

Court documents now show the case has been dismissed.

April Magolon said Donald grabbed her breast and then joked about it.

She said the encounter left her with nightmares, digestive problems and other permanent injuries.

[PopPhan]

OK, now I'm confused -- Was there a settlement, or was the suit dismissed. They are generally two different things.

[VWL Mom]

OK, now I'm confused -- Was there a settlement, or was the suit dismissed. They are generally two different things.

The case was settled out of court and the case was then dismissed.

[luvdiznee]

The case was settled out of court and the case was then dismissed.

So, payout?

[DizneyRox]

This is just crazy. How can people be so stupid?

Never browsed around YouTube have you?

I'm almost constantly entertained by many people's stupidity...

So, payout?

When I read settlement, I always assume the person being sued is the one who would need to settle. Meaning offer something to make the case go away. Otherwise the person suing would just continue the case, no?

I've got to imaigne that in this case, they were just looking for a few bucks and it probably come out of petty cash. Considering all the possible legal expenses, it's often just to easier to give a portion of that to the other party and make them sign an NDA so other idiots don't follow along.

[PopPhan]

OK....I found a little more about this case....

"Groping Donald" lawsuit settled

The lawsuit filed by a Pennsylvania woman who claimed that she was sexually assaulted by a Donald Duck performer at Epcot has been settled. April Magolon sued Disney in December 2009 over the May 2008 incident, where she claimed that she was carrying one of her children and approached "Donald" for an autograph when he grabbed her breast, then made a joking gesture indicating that he had done something wrong.

Magolon's suit claimed that she had suffered "severe physical injury, emotional anguish and distress including, but not limited to post-traumatic stress disorder, muscle contraction headaches, physical harm resulting from distress, including, but not limited to acute anxiety, headaches, nausea, cold sweats, insomnia, nightmares, flashbacks, digestive problems and exacerbation of the physical injuries and other severe emotional injuries." It also claimed that she "suffered injuries of an unknown nature; she suffered severe pains, mental anxiety and anguish, and a severe shock to her entire nervous system, and other injuries the full extent of which are not yet known."

Magolon and her attorneys won a change of venue in January, when a federal judge ruled that the trial could take place in Pennsylvania. The ruling was made because traveling to Florida would be a hardship for Magolon, her fiance, and the doctors treating Magolon, who would all be testifying in the trial, and because Disney could better afford to conduct the trial in Pennsylvania than Magolon could afford to conduct it in Florida. This change of venue took the trial out of Disney's home base in Florida, where it would be more likely to prevail.

The settlement was reportedly reached last Wednesday, and her attorney filed papers seeking dismissal of the lawsuit "with prejudice." The terms, common in settlement cases, means that the plaintiff can't turn around and refile the suit again. Terms of the settlement were not released, which is common in this type of case.

Certainly clears it up for me, anyway....She got her money, agrees not to refile the claim, and goes about her merry way. Of course, she and her family are not allowed near a Disney Park for the rest of their lives, but she got her money!! (Sorry about the snarky remark! I'm just not buying into the claim.)

[Dyanna]

Geez the only item left off this woman list of ailments is death. Seriously...digestive problems. I tend to believe that she had many of these problems way before this so called incident & just needed an excuse to make a few bucks.

[GrumpyFan]

Certainly clears it up for me, anyway....She got her money, agrees not to refile the claim, and goes about her merry way. Of course, she and her family are not allowed near a Disney Park for the rest of their lives, but she got her money!! (Sorry about the snarky remark! I'm just not buying into the claim.)

Umm, there's no mention of her getting any money whatsoever, that's purely an assumption. It is entirely possible that Disney's attorneys were able to convince her attorney that further pursuit and a trial would be ugly and costly. Disney could have easily brought in enough evidence and done their own background investigation on the woman, her family and friends, and given them a peek at the evidence they were prepared to argue if the case went to trial, on top of that, they were probably requesting their own doctors be allowed to examine her for these alleged issues she was having.

Now, it is likely that some kind of minor settlement was made like a refund of her money for the trip when the event allegedly occurred, but I doubt (hope really) it was anything more.

[Buttercup]

Meh. I'd be flattered if a duck wanted to grab me, being as I'm not the same species as him & all...

[mickeyman42]

interesting way to get your vacation paid for I suppose. I also have, er, um, anxiety and digestive problems......um, and I think that maybe once a disney princess came to close to me and, well, um......disney give me money! whoo hoo, getting a grand villa next time!

[Wolf]

I'm just gona throw this out there that this woman is full of it...Donald doesn't have wings he has hands...I call liar here..Just my thought

[Mackflava99]

i am not even sure how good they see in those suits.

[thrillme]

I am just so disgusted by these kind of people. Really first of all he's got a thick padding on his hand/wing. Even if he did accidentally he wouldn't feel anything.

Why do people make such a big adu about NOTHING. And all those "symptoms". Really now Just STOP IT. I'm so tired of these whiny people.

[TheRustyScupper]

I wonder if the settlement cured her headaches?

[luvdiznee]

I'm sure too, if she is "banned" from Disney Parks, she will find a way in.

[wdwaggie]

Absurd!! What a fraud. Frivilous lawsuits should be punishable by death. Knives are sharp, coffee is hot, poison can kill, leaving your kid in a hot car is not good for their health, etc, etc, etc. This woman is clearly one of those whose life is obviously miserable, cant get enough attention in her world, so make up an incident and claim every ailment in the world and then stick her fat sweaty palm out for money from someone else. Grow up lady and please dont ever show your face near anything Disney for the rest of your pathetic life.

[Tink#64]

Oh my gosh, this whole situation is, imho, completely asinine! It seems so many have their hands out these days & call foul in attempt to gain whatever they can from anyone, anywhere, anytime! I wasn't there, I can't say that something remiss didn't occur, but I'm in agreement with thrillme, those costumes & gloves really have to impede the cm's sight & mobility. And that long litany of ailments that resulted from her, what had to be brief encounter with Donald Duck! (We all know how much time you really get with the characters with the long M & G lines) Really?