Particle.news

Disney Cites 'Open and Obvious' Defense in Magic Kingdom Trolley Track Injury Suit

The case now advances toward a jury trial on a 2027 schedule.

Overview

  • Disney filed an answer with affirmative defenses alleging the plaintiff failed to use reasonable care, did not observe the conditions, and assumed the risk.
  • The company denies liability and characterizes the embedded trolley rails on Main Street U.S.A. as an open and obvious condition.
  • Plaintiff Rhonda Smith of Frankfort, Kentucky says she tripped around 5 p.m. on October 24, 2025 near a castle-area attraction and suffered permanent injuries.
  • Her complaint claims inadequate contrast markings and a lack of cones, stanchions, guardrails, or other warnings during parade operations and nighttime crowd conditions.
  • Disney requested a jury trial, the court’s standing schedule lists November 22, 2027 at the Orange County Courthouse, and Smith seeks more than $50,000 in damages.