Disney Suit Set Aside by Judge

SANTA ANA —  A former Mouseketeer’s negligence lawsuit against the Walt Disney Co. was tossed out Friday by an Orange County judge who ruled there was no reasonable way the company could have prevented her robbery in a Disneyland parking lot.

The ruling abruptly ended the weeklong trial of Billie Jean Matay’s claims that security was lax, that she was held against her will “backstage” after the robbery, and that her three grandchildren were traumatized by seeing park employees shed their cartoon character costumes.

Matay, 57, had provided dramatic testimony, punctuated by weeping, gasps for air, trembling and a flashback to the gunpoint robbery Aug. 17, 1995.

But when the plaintiff’s case rested Thursday, Disney lawyer Stephen Waimey asked Superior Court Judge Richard W. Luesebrink to dismiss the case for lack of evidence.

On Friday, Luesebrink granted the motion, saying, “There’s nothing to suggest this incident could reasonably have been avoided.”

Matay’s lawyer, Robert J. O’Connor, said he would appeal the ruling.

The victory reinforces Disney’s image as an aggressive litigator of cases ranging from minor copyright infringement to the $250-million back-wage claim of Jeffrey Katzenberg, the former studio chief who quit when he wasn’t promoted to corporate president.

At Disneyland, the original theme park in what has become a worldwide empire of Disney attractions, officials expressed vindication.

“We’ve got a 42-year reputation for safety and the quality of our guest experience,” Disneyland spokesman John McClintock said. “We had confidence going into the trial, and we feel the outcome confirms the professionalism of our cast.”

Matay performed as the Mouseketeer “Billie” at the 1955 opening of Disneyland. She also appeared on the “Mickey Mouse Club” television show, though her “blue group” of Mouseketeers was less known than the “red group” of Annette, Cubby and others.

She, daughter Denise Bennett and Bennett’s three children, ages 5 to 11, lost $1,650 in money, jewelry, checks, credit cards and driver’s licenses during the robbery in the King Louie section of Disneyland’s parking lot. The gunman was never caught.

Matay contended guards were slow in responding to the crime and then falsely imprisoned her during a long interrogation.

Her suit said the grandchildren suffered emotional distress from witnessing employees remove their costumes, “exposing the children to the reality that the Disney characters were, in fact, make-believe.”

The pretrial skirmishing included Disney’s unsuccessful attempts to bar Court TV from televising the trial on grounds that the park’s security procedures would become known.

Times wire services contributed to this report.