Gomez v. Walt Disney Company

Christina Moreno was 23 years old when she and her husband traveled from where they lived in Spain to visit Disneyland in California for their honeymoon. While riding the Indiana Jones ride, Moreno was severely injured, suffering a brain injury. Moreno’s injury required multiple surgeries, and she later died. Johana Gomez, who was the administrator of Moreno’s estate, and Moreno’s heirs (plaintiffs) filed a second amended complaint, alleging Moreno’s wrongful death against Walt Disney Company (Disney) (defendant). Gomez alleged that the ride, with its jarring and unpredictable motions, was the proximate cause of Moreno’s extensive injuries. In fact, Gomez asserted that the Indiana Jones ride jostled riders with such ferocity that many people had to receive first aid or treatment at a hospital after riding. Gomez asserted that the bleeding on the brain Moreno experienced after enduring the ride’s sudden directional changes was similar to the injuries seen with shaken-baby syndrome. Gomez’s complaint asserted various causes of action, including common-carrier liability, asserting that under California law, Civil Code § 2100, Disney was subject to a duty of the highest care and attentiveness because the Indiana Jones ride was a vehicle utilized to transport people while offering thrills. Gomez also asserted a claim for strict liability under Civil Code § 2101, asserting that Disney neglected to offer a vehicle to riders that was safe and fit to transport people. Disney responded by filing a demurrer to Gomez’s complaint, seeking dismissal of the claims alleged under §§ 2100 and 2101. The demurrer was sustained by a superior court without permission to amend the complaint again, holding that operators of attractions at amusement parks, such as roller coasters, were not common carriers because the purpose of the rides was for thrills and people were only consequentially transported. An appellate court reversed, holding that Disney was a common carrier in relation to the Indiana Jones ride for which it made public offers to carry people. Disney sought review, which the California Supreme Court granted.