Legal Opinion
Neubauer v. Disneyland, Inc.
District Court, C.D. California
Decided February 8, 1995No. SACV 94-841 GLTPublishedCited by 10 opinions
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS
TAYLOR, District Judge.
The court holds that, under California’s broad common carrier statute, a Disneyland amusement park ride may be a common carrier, having a duty of utmost care and diligence.
I. BACKGROUND
Plaintiff patrons at Disneyland in Anaheim, California, claim personal injuries when their boat on the popular “Pirates of the Caribbean” amusement ride was rammed from behind by another boat. They sue under negligence and common carrier liability theories.
Disneyland moves to dismiss the common carrier claim contending, as a matter of law, its amusement park…
2Cases cited4 opinions
- Squaw Valley Ski Corp. v. Superior CourtCalifornia Court of Appeal · 1992
- McIntyre v. Smoke Tree Ranch StablesCalifornia Court of Appeal · 1962
- Pontecorvo v. ClarkCalifornia Court of Appeal · 1928
- Davidson v. Long Beach Pleasure Pier Co.California Court of Appeal · 1950
3Cited by10 opinions
- Gomez v. Superior CourtCalifornia Supreme Court · 2005
- Spath v. Federal InsuranceDistrict Court, D. Massachusetts · 2000
- Simon v. Walt Disney World Co.California Court of Appeal · 2004
- Elmer, Doris Graf v. Speed Boat Leasing, Inc. and Paradise Gulf Cruises, Inc., Texas Court of Appeals, 13th District2002
- Gomez v. Superior CourtCalifornia Court of Appeal · 2003
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