At the end of the ride, employees “placed small unsecured blocks on top of the existing steps inside the boat to reduce the height of each step” and the daughters attempted to help Aguilar get out of the boat, the lawsuit says.
It claims that employees did not assist but snickered and giggled as they watched Aguilar struggle before she lost her balance on the blocks, fell backward and fractured the femur in her right leg.
Aguilar had surgery at a local hospital where she spent 10 days before moving to a rehabilitation centre. According to the lawsuit, she spent five months at the centre, got an infection, went into septic shock and died on January 29, 2022.
The lawsuit claims wrongful death and violation of the Americans with Disabilities Act. It seeks monetary damages for pain, mental suffering, humiliation, medical costs and funeral expenses.
The case was assigned this month to US District Judge Cormac Carney at the Santa Ana courthouse.