Designer Times by Bob Gurr
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66. Designers on The Hot Seat - The Court House

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What a difference (50) years makes. Long ago when someone received a bump and scrape on a park ride, the guest would be happy to leave the first aid station with a consoling gift or even some free tickets for another visit.

Now days, any perceived injury results in calls to a lawyer. Theme parks are considered "deep pockets" in today's legal jargon and are assumed to be easy to pursue in court.

I watched the changes over the years and became ever more involved with the interesting world of PI, or personal injury legal actions. And I found it both fascinating and educational...even hilarious at times. Late in my career, I was an expert witness in a two country multimillion dollar litigation. I actually enjoyed working with the interesting folks in the legal trade.

Autopia was an attraction that by it's very nature would cause more than it's share in bumps and bruises since riders just had to violate the "do not bump the car ahead" rule. My first experience with bumping was the opening week of Autopia in July 1955. Two little kids got into a bump and bash deal with one of them losing some teeth. I took the poor kid, his hand filled with bloody teeth, to city hall for treatment where his main concern was that he might not get to go back and finish his ride.

Within a few years it was fair game to ride Autopia, claim you got a whiplash injury, and sue the park. Our safety folks, legal staff, and park operations worked closely together to make any practical improvements in Autopia to make the attraction even safer over the years. But some folks got pretty inventive trying to prove that they were indeed injured.

One early case revealed just how cunning and confident that a guest could get figuring that a park would rather pay than fight. After months of discovery by both sides, the case came to trial. The defense suggested that the whole case could be settled quickly if the judge would permit the showing of a defense home movie. What the whole courtroom then saw in the movie was a guy playing ball with his kids on his front lawn, driving his car to town, parking and hailing a taxi. He got into the taxi with the driver's help, since he was on crutches. He was shown leaving the taxi and entering a lawyers office. The final scene was back playing ball with the kids. When the courtroom lights came back up, the plaintiff was slumped low in his chair with his counsel glaring at him. The judge then asked if anyone had a motion to dismiss.

As time went on, I learned that the guy who gets named in the suit is the guy who designed the ride...me. As the discovery process continues, the plaintiff and the defense ask for numerous documents, such as sometimes all the manufacturing drawings for the Autopia car. The plaintiff's experts then examine every detail that I have designed. Next, we go into sessions where lawyers for both sides are present while I'm asked endless hours of questions as to why everything is designed as it is.

This becomes a fabulous opportunity for me to explain the extreme care Disney uses to develop it's own attractions. Sometimes the questions tapered off as the opposing side might not want a jury to hear stuff that supports Disney's side so clearly. And sometimes these guys never understand what they're looking at, but burn lots of their clients money while playing the discovery game.

Eventually a trial date is set, sometimes with a venue change to somewhere in the Eastern US. This is great for me...I love to travel and meet new people. One time I was sequestered in a big hotel under a phony name so no one could find me. My job was to read depositions all day for a week in order to prepare for trial. This was like reading five thick phone books...and just as exciting. Now, trials are supposed to have only one witness at a time testifying, with the other witnesses excluded.

Well, at dinner time each night our team sat around the table taking the part of the day's witnesses testimony by reading from transcripts that magically escaped the court's possession at the end of the day. This sure upset me...I was looking for the honest Perry Mason stuff. When our lawyer (contracted, not Disney's) started to brief me on exactly how to frame my answers, I really got upset and told him that go ahead and ask his questions and we'll both hear the answers at the same time. He said OK, go.

When you are on the witness stand, if you look at every juror right smack in the eye when you answer, they perk right up. And when you never look at the opposing lawyer when he goes for your jugular, the jurors really light up..."hey, this stuff's gittin good". You can turn a boring few days into a show for them.

We did put on a show...ran a great movie showing the exact way Autopia runs.

The judge came down off the bench and sat with the jury to watch to the chagrin of the opposing lawyers. When they asked me a super dumb question, I gave such an answer that the whole jury roared with laughter. The judge smiled and said nothing. When asked a lengthy complicated yes-no question, I just looked at the judge..."whaddy say?" The judge would skin it down to simple question for me. This really upsets the questioner.

The case went to the jury and the bell rang only 45 minutes later. This after five years and a bazillion hours of everyone's time. The other side lost big time. They had claimed a teen age girl had contracted epilepsy from a ride on Autopia. The defense lawyers showed strong evidence that the only thing the young lady had "contracted" was a shady lady trade. I didn't mind the time away in a big city...I was treated to some mighty fine dinners at the city's top private clubs.