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Judge Rules Woman Can Sue Disney Over Molestation Charge

PHILADELPHIA (CBS4) - A Pennsylvania judge has ruled that woman who claims she was groped by Donald Duck during a visit to EPCOT can move forward with her suit against Disney.

April Magolon, 27, said during a trip to the theme park in May 2008 with her family, a park employee dressed as Donald Duck grabbed her breast, molested her, then turned and gestured to the crowd, made joking gestures that he had done something wrong. She said since that time she's had nightmares, digestive problems and other permanent injuries.

Her lawsuit also charges that Disney parks have a history of fondling complaints involving workers, and that that Disney has "condoned" their actions, putting profits over public safety. They site 24 related complaints in the week after a Walt Disney World employee dressed as "Tigger" was charged with molesting a 13-year-old girl and her mother in 2004. At least some were deemed credible and investigated by police, the suit said.

The man playing "Tigger" was later acquitted of criminal wrongdoing, after his lawyer donned the Tigger costume in court and argued that his client couldn't see much.

During a hearing Monday, the defense argued that Magolon sued the wrong Disney 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.

Magolon's attorney originally filed their suit in Pennsylvania's civil court in 2009 but it was transferred to federal court at Disney's request.

(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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