Lyle v. Disneyland, Inc.

GRIFFIN, P. J. Heidi E. Lyle, a minor, by her guardian ad litem Betty Lyle, brought this action against defendant and respondent for damages for claimed injuries resulting from a ride on the “Astro-Jet” at Disneyland, as an invitee on August 19, 1956, at about 9 p. m. She was then of the approximate age of 9 years. The “Astro-Jet” consists of a central tower about 20 feet high, from which extend approximately 12 arms. At the end of each arm is a passenger car which seats two persons. In its operation, the cars travel clockwise in a rotary fashion. After the passengers are loaded a hydraulically-operated ride is started; the arms raise up to a point about 12 feet above the ground. The cars revolve at a maximum of 11 or 12 revolutions per minute. The cockpits of the cars are 42 inches long, 18 inches wide (at the seat level) and 15 inches in depth (from the top of the car to the seat). Passengers are seated in a tandem fashion with one control lever, by which the passenger seated in the front can raise and lower the car a span of 12 feet while the ride is in operation. The defendant’s rules required that children under 8 years of age have an adult with them. Plaintiff and her girl friend rode [21]in one ear. Plaintiff occupied the rear seat. Her father and brother occupied a car to the rear of plaintiff’s car. Plaintiff testified that her girl friend did not operate the control as she did not know how to operate it. Plaintiff’s father testified that the car plaintiff occupied had gone up and down at least once. Plaintiff's own evidence was in conflict as to how the accident happened. The conflict existed between plaintiff’s version of the accident and her father’s version. She testified in essence that she believed that she watched other persons on the ride prior to getting on it, and, prior to her occupying the rear seat of one of the cars, her father cautioned her to “sit down and be quiet” and to be “careful.” After the cars were in motion, she stated that she was not “real sure” but she believed that she was looking toward the center pole of the ride when she “just let go” of the right side of the ear, her hand slipped off and her head went down and hit the inside of the car, her teeth hitting the curved steel runner on the side of the ear and that there was no sudden jerking when she let go of her handhold. Plaintiff’s father’s testimony was to the effect that the cockpit was just about shoulder-high to plaintiff; that after the cars started plaintiff turned her head around and she looked over her right shoulder at him; that they were just riding along and had not been operating the car, either higher or lower by means of a horizontal bar in the front; that her little brother had been maneuvering his ear; that plaintiff’s car had made one motion to a higher elevation; that plaintiff screamed and the ear came back down; that plaintiff turned loose of her hold on the right side of the ear, skidded over to the left and bumped her teeth on the front or outside portion of the rail. Apparently this bump broke two of her upper front teeth. The machine was stopped. Some teeth replacements were necessary and considerable dental expense was incurred. This action followed. Defendant denied negligence and alleged contributory negligence and assumption of risk. The jury, after considering the entire evidence and viewing the premises and operation of the machine, found in favor of the defendant. A motion for a new trial on all statutory grounds was considered by the trial court and denied.