(CN) - A Philadelphia federal judge refused to dismiss a lawsuit by a woman who says a man dressed as Donald Duck fondled her breast at Disney's Epcot Center.
In the August complaint against Walt Disney Parks and Resorts, which is now known as Disney Destinations, April Magolon claims that Donald Duck inappropriately touched her during a trip to Disney World in 2008. When Magolon carried one of her children to Donald Duck for an autograph, the character allegedly grabbed Magolon's breast and made a joke, causing Magolon to suffer emotional distress.
Magolon claims Disney is responsible whether the incident was the result of the Donald Duck actor's negligence or intent, adding that Disney has a longstanding history of ignoring similar incidents.
Disney sought dismissal for failure to state a claim, arguing that a different Disney entity operates Epcot Center and hired the Donald Duck actor.
U.S. District Judge John Padova denied the motion on Wednesday and also declined to transfer the complaint to Florida since Magolon, her witnesses and her doctors are all located in Pennsylvania.
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