A Florida lawsuit filed against Walt Disney World Resort alleges that a design flaw in the Under the Sea – Journey of The Little Mermaid queue at Magic Kingdom Park left a guest with a fractured bone and permanent injuries. The couple behind the suit is seeking $50,000 in compensation.
What Happened on August 7, 2024
The incident at the center of the lawsuit occurred on August 7, 2024, while Deborah Montgomery and her family waited in the queue for Under the Sea – Journey of The Little Mermaid in Fantasyland. Deborah, who suffers from chronic arthritis, was operating an ECV — an electric convenience vehicle, sometimes called a scooter — rented from the park as a mobility aid.
According to the legal filing, as the family moved through the cave-like queue, Deborah's foot became wedged in a crevice along the wall. The filing states the family was positioned at the bottom of a dramatic slope at the time, and that the crevice narrowed as the slope increased — trapping her foot in place.
The ECV continued moving forward while Deborah's foot remained stuck, resulting in injuries to her foot, ankle, and leg that included a fractured fibula, as well as what the lawsuit describes as “severe and permanent shock to her nervous system.”
The Montgomerys' attorney states that Deborah remains impaired and is “unable to continue and pursue a normal life” in the time since the incident, and that she has incurred significant medical expenses as a result of the injuries.
What the Lawsuit Argues
The legal filing places the responsibility for the incident squarely on Walt Disney World Resort, arguing that the resort “failed to provide a safe means through the queue, inspect the pathways, provide warning signs, and provide sufficient lighting, particularly for business invitees such as Deborah.”
Deborah's husband, Matthew Montgomery, is also named as a plaintiff. His portion of the lawsuit claims he was “deprived of the aide, comfort, society, and companionship of his wife” following the incident and suffered a loss of sleep and income while caring for Deborah and transporting her to and from medical appointments.
Together, the Montgomerys are seeking $50,000 in compensation. Walt Disney World Resort has not issued any public statement about the lawsuit.
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