Walt Disney Parks and Resorts is facing a lawsuit over an “injurious wedgie” that court documents allege resulted from riding a 65m water slide in the resort’s Typhoon Lagoon water park in Florida.
Emma McGuinness was treated in hospital after the October 14, 2019, incident on the Humunga Kowabunga water slide.
Emma, her husband Edward McGuinness and their family were spending two weeks at Walt Disney World in part to celebrate Emma’s 30th birthday.
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The slide, which Disney bills on its website as a “near-vertical, five-storey drop — in the dark,” plunges 65m into a pool of water.
The suit, which was filed last week in the Circuit Court for Orange County, Florida, alleges Disney knew, or should have known, of the risk of painful “wedgies,” particularly for women.
“Specifically, when a rider … reached the bottom of the ride and travelled into the pool of water designed to stop further travel, the force of the water can push loose garments into a person’s anatomy — an event known as a ‘wedgie’,” the suit says.
“Because of a woman’s anatomy, the risk of a painful ‘wedgie’ is more common and more serious than it is for a man.”
The couple are seeking “damages exceeding $US50,000, exclusive of interest and costs” for the count of negligence.
CNN has reached out to Walt Disney World Resort for comment.
The suit alleges Disney “was negligent and breached its duties of reasonable care” in failing to provide protective clothing, such as shorts, for the slide; failing to warn McGuinness and other women of the risks; and other design and safety failures.
The suit says Emma McGuinness assumed the appropriate position with her ankles crossed “as instructed” but she became airborne toward the end and slammed into the slide “which increased the likelihood of her legs becoming uncrossed or otherwise exposing herself to injury”.
When McGuinness landed in the pool, her swimsuit was forced between her legs and water was “violently forced inside her”.
She experienced severe internal pain, the lawsuit says, and blood rushed from between her legs.
She was taken by ambulance to a local hospital and was later transferred to another hospital to see a specialist for repair of gynaecologic injuries.
Court documents say Emma McGuinness suffered “severe and permanent bodily injury” as well as mental anguish and lost earnings.
A second count claiming “loss of consortium” relates to Edward McGuinness.
“As a direct and proximate result of Disney’s negligence as described above, Edward McGuinness has suffered loss of his wife’s care, comfort, consortium, support and services,” the complaint reads.
Emma and Edward McGuinness are suing for compensatory damages and taxable costs and are demanding a jury trial.
CNN has reached out to the couple’s lawyers Wagner, McLaughlin & Whittemore for comment.
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