Final decision made in woman’s ‘painful wedgie’ lawsuit against Disney

A ‘viral’ civil lawsuit filed by a woman who said she was seriously injured by a ‘wedgie’ caused by a Disney World water slide has been voluntarily dismissed, according to court records.

Plaintiff Emma McGuiness sued Walt Disney Parks and Resorts US in 2023, alleging she was injured while riding the Humunga Kowabunga water slide at Disney’s Typhoon Lagoon water park in 2019

The lawsuit attracted widespread attention and received national headlines, including in The New York Times, after McGuinness said the injuries resulted from her swimsuit shifting out of position to cause a ‘wedgie’ during the ride.

The proceedings, scheduled to begin today, January 5, in a Florida court, were abruptly adjourned after the suit was voluntarily dismissed, according to Florida Politics.

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McGuinness was celebrating her 30th birthday with family when she rode the 214-foot slide, which features a steep, near-vertical drop and reaches speeds approaching 40 miles per hour.

Riders descend the slide without rafts or tubes and are instructed to cross their legs at the ankles.

The lawsuit alleged: “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.”

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McGuinness claimed that as she reached the bottom of the slide, she briefly became airborne before being forcefully pushed into the shallow pool, resulting in severe injuries that required emergency medical treatment and surgery.

She suffered “severe vaginal lacerations, a full thickness laceration causing (her) bowel to protrude through her abdominal wall, and damage to her internal organs,” according to her lawsuit.

Disney denied the allegations, arguing in court filings that the ride was safe, that riders were instructed correctly, and that McGuinness may have failed to exercise reasonable care. The company also suggested her injuries may have pre-existed the incident.

In a 2023 filing, Disney acknowledged that two other incidents involving similar injuries had been reported in the three years before McGuinness’ ride.

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Those incidents, which occurred in 2017, involved women who reported bleeding in the groin or rectal area.

Disney said the attraction had been in operation for years and was used by thousands of guests without incident.

“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 said in a court filing.

The parties failed to reach an agreement during a court-ordered mediation on July 22, according to records.

McGuinness dismissed the lawsuit, and her deposition was canceled, with the upcoming trial removed from the court calendar. Court filings do not indicate whether a settlement was reached.