|
San
Diego, CA - San
Diego County Citizens Against Lawsuit Abuse (CALA) today cheered a
plaintiff’s voluntary decision to dismiss her lawsuit against SeaWorld,
but stated that the suit was further evidence of how out of control the
civil justice system has become.
The case involved a La
Jolla woman who complained of pain and dizziness following her second ride
on SeaWorld’s “Shipwreck Rapids.” She had alleged that her seatbelt
had come unlatched while on the ride, causing her to be jostled.
SeaWorld found nothing wrong with the belts after testing them
multiple times
After filing the
lawsuit, which anyone can do by filling out a form and paying a small
filing fee, the plaintiff was either unwilling or unable to provide any
discovery documents supporting her allegations.
She further refused to answer written questions about her claim and
failed to appear for a deposition on the case.
By the time she chose to dismiss her claim, she was facing two
legal motions seeking sanctions against her for failing to comply with
discovery obligations.
“While the case being
dismissed is certainly good news for SeaWorld, it’s terrible that it
took nearly two years for what appears to be a meritless lawsuit to be
tossed out,” said Andy Kotner, CALA President.
“SeaWorld lost about $60,000 in revenue in just one day from
having to close the ride down. There were other costs and expenses that SeaWorld incurred,
despite the case being dismissed, that they cannot recover from the
plaintiff.”
Kotner says that when
the legal system is abused, everyone pays, not just the party being sued.
“Frivolous lawsuits
come with a huge price tag,” Kotner said.
“They stifle research, innovation, and curb business
expansion.”
Kotner did applaud
SeaWorld for fighting the suit, saying most companies prefer to settle.
That practice, she claims, only encourages more people to abuse the
system in the hopes of a quick and lucrative settlement.
The answer, she states, lies in creating consequences for abusing
the legal system.
“There’s no risk to
filing an abusive lawsuit, all it takes is some paperwork and a few
bucks,” Kotner says. “We need legislation to get rid of the financial incentive
to dump garbage at our courthouse doors, and we only get that when the
people of California scream loudly enough to be heard all the way in
Sacramento.”
CALA is a nonprofit,
grassroots public education organization.
More than 8,000 San Diego residents are CALA supporters.
#
# # |
to
CALA News Room