Mother of Disney's Monorail Pilot plans to sue

[Luckymommyx2]

Article in Orlando Sentinel...

Mother of Disney monorail pilot expects to sue Walt Disney Parks


http://www.orlandosentinel.com/orl-bk-monorail-crash-lawsuit-071509,0,1576417.story?track=rss

The mother of deceased monorail pilot Austin Wuennenberg has asked a state judge to preserve evidence from the July 5 crash that killed her son, saying she expects to sue Walt Disney Parks and Resorts.

In a petition filed July 9 in state Circuit Court in Orlando, Christine Wuennenberg asked that a judge hold an emergency hearing in the case. In the petition, she said she has "reason to believe" that evidence in Disney's custody may be destroyed, erased or altered.

Austin Wuennenberg died when two monorail trains collided at about 2 a.m. near the Transportation & Ticket Center at Walt Disney World. According to an ongoing investigation by the National Transportation Safety Board, another monorail driver backed his train into the 21-year-old Wuennenberg's train, killing him.

Wuennenberg's mother also asked for a judge to grant her access to a range of evidence related to the crash, including video-surveillance footage, audio communications, and information from "black box"-type devices that record information generated by Disney's monorail operations.

A spokeswoman Walt Disney World could not be immediately reached Wednesday for comment.

 

[MusiqChic99]

I figured this would happen soon or later.

 

[Peter Pirate 2]

I figured this would happen soon or later.

And it will be a very valid and justified lawsuit..

 

[ma2jr]

Not surprised...

 

[Cheshire Figment]

Of course with OSHA, the NTSB, and who knows what other investigative bodies involved it is obvious that Disney will destroy everything. Actually everything has already been impounded and NTSB will do an extremely detailed investigation; she does not need to find a lawyer who will charge her 30-40% of any settlement or results.

 

[Peter Pirate 2]

She should receive a multitude of millions so the % the wolves will take will be minimal in comparison and she does need the security of having the Disney wolves watched.

This was an unacceptable accident and Disney is and should be held totally liable.

 

[zulemara]

She should receive a multitude of millions so the % the wolves will take will be minimal in comparison and she does need the security of having the Disney wolves watched.

This was an unacceptable accident and Disney is and should be held totally liable.

agreed

 

[DVCconvert]

ac·ci·dent
Pronunciation:\ˈak-sə-dənt, -ˌdent; ˈaks-dənt\
Function:noun
Etymology:Middle English, from Middle French, from Latin accident-, accidens nonessential quality, chance, from present participle of accidere to happen, from ad- + cadere to fall — more at chance
Date:14th century
1 a: an unforeseen and unplanned event or circumstance b: lack of intention or necessity : chance

 

[Peter Pirate 2]

ac·ci·dent
Pronunciation:\ˈak-sə-dənt, -ˌdent; ˈaks-dənt\
Function:noun
Etymology:Middle English, from Middle French, from Latin accident-, accidens nonessential quality, chance, from present participle of accidere to happen, from ad- + cadere to fall — more at chance
Date:14th century
1 a: an unforeseen and unplanned event or circumstance b: lack of intention or necessity : chance

Understood, but Disney needs to have fail safe plans to prevent them in such crucial operations such as these. Disney operations failed to keep this CM safe. Disney was negligent and is liable, IMO.

 

[ShellyLynn3630]

Understood, but Disney needs to have fail safe plans to prevent them in such crucial operations such as these. Disney operations failed to keep this CM safe. Disney was negligent and is liable, IMO.

I too agree.

 

[Cheshire Figment]

I was not saying that she is not entitled to compensation. However, since she obviously has retained a (greedy) attorney Disney will not talk to her and she will lose over 1/3 of any monies to the lawyer.

There is at least a two year period in which a lawsuit can be filed. The NTSB report should be out in less than a year. She could have started with a simple letter to Disney once the NTSB report came out and see what they would have offered her. Then made a decision to accept 100% of the offer or talk to a lawyer and say "Disney offered me 'X' dollars; if you take the case I will pay you 'Y' percent of anything you can collect above that amount".

But now that a lawsuit has been filed she may end up with less than Disney would have been willing to offer.

 

[KINGBOBOFTHENORTH]

The statute of limitations in Florida for a wrongful death claim is 2 years. Yes, whatever lawyer she hired will keep 33.3% of any recovery, 40% if suit is filed (which apparently it has if there is a Motion to Preserve Evidence) and up to 50% if it goes to trial. And expenses incurred (such as for experts) also come out of the recovery money so it's not uncommon for the injured party or survivors to net well under 50% of a settlement. So I am surprised she rushed out for a lawyer where she could have kept 100% of the settlement. The Estate is the plaintiff in such a case, not the mother.

Disney would not destroy any evidence; that's corporate suicide, especially with so many agencies on site investigating. One also has to consider that the deceased was an employee covered under Workman's Comp which gives the employer tort immunity. To what extent, I'm not sure since my knowledge of W/C law is limited.

BobK/Orlando

 

[Uncleromulus]

Have they determined what the exact cause was?? Did NTSB state that Disney was negligent? Another employeee at fault? Saftey procedures and inspections not followed?? ETC ETC
I agree that the mother may have put the cart before the horse. Disney probably dosen't even HAVE any of the "evidence" any longer and with all those agencies involved, hiding or destroying evidence would NOT be easy--and as suggested, if they did it would be Corporate suicide.

 

[kmk1180]

Have they determined what the exact cause was?? Did NTSB state that Disney was negligent? Another employeee at fault? Saftey procedures and inspections not followed?? ETC ETC
I agree that the mother may have put the cart before the horse. Disney probably dosen't even HAVE any of the "evidence" any longer and with all those agencies involved, hiding or destroying evidence would NOT be easy--and as suggested, if they did it would be Corporate suicide.

Agreed.
For anyone know it could be complete the fault of the other driver or even Austins.
Till any facts come out it's just wrong to assume blame on anyone.
It would be totally transparant if anything was "destroyed."..even if disney is at fault, they would supress evidence if possible long before they would destroy it.
Her claim to preserve it is assuming blame already just makes her look
like she's trying to profit off her sons death. (and that's sad, how could you even enjoy having that money knowing how you got it?)

That said no shock she would sue.
More than likely a undisclosed settlement will be reached long before a court date.

 

[MaryKatesMom]

I think the letter to "preserve" evidence is a PR move to make Disney look like a predatory greedy big bad company the media loves to hate.

I wonder if she contacted the lawyer or the lawyer contacted her?

 

[Peter Pirate 2]

I think the letter to "preserve" evidence is a PR move to make Disney look like a predatory greedy big bad company the media loves to hate.

I wonder if she contacted the lawyer or the lawyer contacted her?

They are a predatory greedy company so I don't understand your point. She has to have lawyers look after her interest or Disney's lawyers will do their thing ... And if you think that's going to be in her best interest you're sadly mistaken.

Also, KMK, there is already enough public knowledge of what happened to be quite certain that Austin was not negligent in any way.

 

[alexsdc2]

I guess my question would be as to whether the kid would want his mother to sue Disney or not. From all of the articles and interviews I read they kept saying that he loved his job and working for Disney. If it happened to me and my parents were suing Disney I would be pissed. Of course I would also be dead so I wouldn't know but still. It was an accident.

A lot of blame is going on to Disney for the policies and things not working the way they should but if this is the first accident in 20+ years then obviously their policies and such have worked up to this point. It's not like the monerails just opened and osmething went wrong.

If I were the mother I think I would maybe go after the expenses of the funeral and any other costs that she may have incurred. And when I say go after, I mean ask Disney for. I would think that is the least they could do. What is the point in suing Disney for any more money than that. It is not like by getting a bunch of money from Disney is going to bring her son back.

WHenever I hear of people suing companies like this I tend to think of it as if they are making money off of the death of a family member.

 

[Uncleromulus]

It's clear enough that SOMETHING went wrong--but what?? And could/should it have been prevented under normal and accepted saftey procedures, inspections, etc??
Both large questions that need an answer before "responsibility" can be determined.

 

[ROEDISNEY]

I think the letter to "preserve" evidence is a PR move to make Disney look like a predatory greedy big bad company the media loves to hate.

I wonder if she contacted the lawyer or the lawyer contacted her?

I bet you there were a lot of lawyers knocking on her door.

 

[MusiqChic99]

I guess my question would be as to whether the kid would want his mother to sue Disney or not. From all of the articles and interviews I read they kept saying that he loved his job and working for Disney. If it happened to me and my parents were suing Disney I would be pissed. Of course I would also be dead so I wouldn't know but still. It was an accident.

A lot of blame is going on to Disney for the policies and things not working the way they should but if this is the first accident in 20+ years then obviously their policies and such have worked up to this point. It's not like the monerails just opened and osmething went wrong.

If I were the mother I think I would maybe go after the expenses of the funeral and any other costs that she may have incurred. And when I say go after, I mean ask Disney for. I would think that is the least they could do. What is the point in suing Disney for any more money than that. It is not like by getting a bunch of money from Disney is going to bring her son back.

WHenever I hear of people suing companies like this I tend to think of it as if they are making money off of the death of a family member.

I feel the same way.

I think I would hold Disney accountable for making safer guidelines but not sue them for it.

And you are right...money doesn't take the pain away.