Donald Duck May Use The Tigger Defense

PHILADELPHIA - Fox 29 legal expert Amy Feldman says Tigger could be the key to Disney’s defense in the Donald Duck groping case coming to Philadelphia.

April Magolon of Upper Darby, Pa., claims Donald Duck groped her at Disney's Epcot Center. Magolon will have her day in court in Philadelphia after winning a legal battle with Disney.

In Magolon’s original lawsuit, she cites a case involving another Disney groping allegation involving Tigger.

But in that 2004 incident, the Tigger mascot was found not guilty, in a Johnny Cochrane-like moment, when the defense lawyer put on the costume in Orlando and proved he couldn’t see well enough to see a body part to grope.

This case is different because it is a lawsuit and our legal expert, Feldman, says Magolon faces a tough task.

“Let’s say there is liability. Disney has cameras everywhere … and they find something. She will have to prove that she was so harmed by this one ‘handsy jerk’ in a Donald Duck suit that she should get major money,” Feldman said. “I don’t see this case going to trial.”

Feldman thinks Disney may settle with Magolon, but the case could still get to court.

And she says, it is possible, someone may don the Donald Duck costume to prove if the mascot could see well enough to grope.

A federal judge said on Monday that Disney must defend itself against April Magolon's post-traumatic stress lawsuit.

In July 2010, Magolon filed the lawsuit, which was then publicized by the Web site The Smoking Gun.

Magolon says she was holding her child in May 2008 at the Orlando theme park when a staff member dressed as Donald Duck grabbed her breast and then joked about it.

Magolon claims the encounter left her with nightmares, digestive problems and other permanent injuries.

She also says that Disney parks have a history of fondling complaints.

Disney counterclaimed that Magolon sued the wrong corporate entity, and asked the judge to dismiss the suit or move it to Florida.

But the judge refused, saying Magolon can proceed in Pennsylvania.

Smoking Gun obtained a copy of the civil suit in August.

The suit was filed in July by April Magolon of Upper Darby, Pa .,  against Walt Disney Parks And Resorts.

The suit also points to alleged past incidents at the park, including a case in 2004 when an employee dressed as Tigger assaulted two people.

Smoking Gun says Magolon is claiming negligence, battery, and infliction of emotional distress, and is seeking in excess of $50,000 in damages from Disney.