The 2023 lawsuit against Disney for a “painful wedgie” suffered at Typhoon Lagoon has been dropped by the plaintiff after time in court.

Typhoon Lagoon Lawsuit

A 2023 lawsuit filed in Orange County, FL alleged that Walt Disney World Resort failed “to warn [guests] of the inherent dangers presented” on the Humunga Kowabunga waterslide at Disney’s Typhoon Lagoon, a shortcoming that resulted in one guest’s “severe and permanent” injuries. The complaint filed by Emma and Edward McGuinness against Walt Disney Parks and Resorts details a 2019 incident in which Emma McGuinness suffered a “painful wedgie” on the slide; the couple sought $50,000 in damages.

The nine-page complaint was filed on September 27, 2023, and is available to read in its entirety on LawandCrime.com.

McGuinness and her family visited Disney’s Typhoon Lagoon on October 14, 2019, according to the suit. She, along with her daughter and mother, rode Humunga Cowabunga, a waterslide that the document describes as “three, 214-foot, side-by-side enclosed body slides in which riders plummet down a near-vertical [five]-story drop in the dark, reaching speeds approaching 40 miles per hour.”

According to a court filing, Disney claimed that McGuinness “may have failed to use reasonable care” or her “injuries or damages pre-existed,” stating that the ride was safe and that riders were properly warned and given instructions on how to exit.

Florida Politics is now reporting that the case has been dismissed following a ruling by Judge Brian Sandor in Disney’s favor. The judge ordered McGuinness to come back to Orange County after she requested a virtual deposition to avoid traveling back to Florida. 

A short time later, Disney and McGuinness failed to reach an agreement during a July 22 mediation, according to court records.

In August, McGuinness voluntarily dismissed the lawsuit with prejudice, meaning she can not file the same complaint again. Her August deposition, which she had been disputing with Disney, was canceled, and so was her pending trial scheduled to start next week. There appears to be no mention of a settlement in the filings.

Last year, another Walt Disney World lawsuit was filed when a man asked for damages after exceeding the weight limit of a Blizzard Beach water slide and falling off his inner tube, despite no weight limits being posted at Blizzard Beach.

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