ORLANDO, Fla. — It's called the Tower of Terror, but one man says the real terror happened after he rode it. He says the ride caused him to have a stroke and now he's suing Disney.
It is extremely rare for a personal injury case over a theme park ride to go to trial and most are settled or dismissed. Marvin Cohen's incident happened in 1998. It has taken until this week to go to trial.
Cohen said the ride itself is flawed. The man's attorneys argue the ride is dangerous and Disney failed to warn riders of the safety risks.
"Do you have any comment about the case?" WFTV reporter Mary Nguyen asked Cohen.
"No, I cannot comment," Cohen replied.
Marvin Cohen, 80, would not talk to WFTV about his case against Disney, because his attorney and Disney agreed not to talk to the media about the case until after the trial.
"I'll talk with you after the case is over," Cohen's attorney said.
Cohen's attorney said his client was physically active when he first rode the Tower of Terror in 1998, but 23 days after he rode it he had a stroke.
When people ride the Tower of Terror they get onto an elevator-like ride; it then drops several floors in a matter of seconds, as well as going back up.
Cohen's attorney said the ride can create whiplash that can seriously injure riders. An expert witness said she believes the ride caused the stroke.
"This dissection could only have occurred from a severe torsional rotation about his neck that occurs hours to weeks prior to the stroke itself," the expert said.
Cohen's attorney is not saying the out-of-control elevator ride malfunctioned, but claims Disney failed to give riders an adequate restraint system and doesn't give enough warning for potential injuries.
Disney disagrees and claims the ride is fun and safe for the entire family regardless of age. They argue Cohen had pre-existing conditions and his stroke was not caused by the ride. Disney does have signs posted in front of the Tower of Terror that warn riders with medical conditions not to get on the ride.
The trial will resume Friday morning.
This isn't the first lawsuit filed against Disney over the Tower of Terror, but the other case is a fight to ride the attraction. WFTV reported when Denise Mooty filed a lawsuit in January of 2009. She has internal scarring and says riding the Tower of Terror over and over somehow helps with the pain.
The lawsuit claims a manager told her she could go on the ride only four times per park visit. However, Disney said she was banned after she cursed at a manager. That case is still pending.
WFTV
