A Jan. 5 civil trial over a high-profile Disney World lawsuit has been called off and the case voluntarily dismissed, court records show.
Emma McGuinness sued Disney in 2023 after she said she was seriously injured when her bathing suit formed a “wedgie” going down a Typhoon Lagoon water slide in 2019.
What happened next was she suffered “severe vaginal lacerations, a full thickness laceration causing (her) bowel to protrude through her abdominal wall, and damage to her internal organs,” McGuinness said in her lawsuit.
McGuinness had been celebrating her 30th birthday at the water park with her family when she was hurt.
Her lawsuit made national news with the word “wedgie” playing prominently in the headlines, including in the New York Times.
On the 214-foot slide, riders go down “near-vertical 5-story drop in the dark, reaching speeds approaching 40 miles per hour,” the lawsuit said. “Unlike other slide rides at Typhoon Lagoon, riders of the Humunga Kowabunga use the slide without a raft or tube. … At the top of The Slide, riders are instructed to cross their legs at the ankles. Riders are not told why their ankles need to be crossed, the importance of doing so, or the risks of injury if one’s ankles become uncrossed.”
McGuinness argued Disney’s Humunga Kowabunga slide was more dangerous for women and she had not been warned her one-piece bathing swimsuit could go up.
“As Ms. McGuinness neared the end of The Slide, her body lifted up, she became airborne, and she was slammed downward against The Slide — which increased the likelihood of her legs becoming uncrossed or otherwise exposing herself to injury in using The Slide,” her lawsuit said. “The impact of The Slide and her impact into the standing water at the bottom of The Slide caused Ms. McGuinness’ clothing to be painfully forced between her legs and for water to be violently forced inside her. She experienced immediate and severe pain internally and, as she stood up, blood began rushing from between her legs. She was transported to a local hospital by ambulance for medical care and treatment and eventually transported to another hospital for the repair of her gynecologic injuries by a specialist.”
Disney denied McGuinness’ allegations and argued the ride was not only safe but riders were properly warned and received instructions how to go down.
Disney offered a list of defenses, including allegations that McGuinness “may have failed to use reasonable care” or her “injuries or damages pre-existed,” according to a 2023 court filing responding to her lawsuit.
Disney acknowledged two other incidents with similar injuries happened within three years leading up to McGuinness’ incident.
Within a month from each other in the Spring of 2017, two females “purportedly experienced bleeding to some degree from the groin area or rectum,” an April court filing said.
“At bottom, HK was not a new attraction and it was ridden by thousands (if not more) of guests in the three years preceding the incident,” Disney also said in a court filing.
During the litigation, McGuinness, a tourist, sought a virtual deposition so she wouldn’t have to travel back to Florida. Disney argued she should be required to appear in person.
Circuit Court Judge Brian Sandor ruled in favor of Disney and ordered to come back to Orange County, a June filing said.
A short time later, Disney and McGuinnness failed to reach an agreement during a July 22 mediation, court records showed.
In August, McGuinness voluntarily dismissed the lawsuit with prejudice, meaning she can not file the same complaint again. Her August deposition that she had been fighting with Disney over was canceled and so was her pending trial scheduled to start next week. There does not appear to be any mention of a settlement in the filings.
Neither her attorney nor Disney responded to a request for comment for this story.