Mother of monorail driver killed in crash sues Disney World

[CR Resort Fan 4 Life]

http://thedailydisney.com/blog/2010/01/mother-of-monorail-driver-killed-in-crash-sues-disney-world/

 

[jlewisinsyr]

I usually hold an anti-sue opinion, but if what I understand is true, that Disney choose not to follow the operations manual developed for the operation of the trains and instructed their employees to do the same, Disney should be sued for wrongful death directly correlated to this failure of following process and procedures.

 

[mitros]

I usually hold an anti-sue opinion, but if what I understand is true, that Disney choose not to follow the operations manual developed for the operation of the trains and instructed their employees to do the same, Disney should be sued for wrongful death directly correlated to this failure of following process and procedures.

Exactly. But Disney will fight it any way.

 

[CR Resort Fan 4 Life]

Exactly. But Disney will fight it any way.

Well since OSHA found them guilty and etc I don't see how they can fight it, so I see them settling on a dollar amount out of court.

 

[mitros]

Well since OSHA found them guilty and etc I don't see how they can fight it, so I see them settling on a dollar amount out of court.

Your probably right. I don't really see exactly how they can fight it, but it's Disney, and they really hate being wrong, or told they did something wrong. Just my thoughts...........

 

[Kim&Chris]

I usually hold an anti-sue opinion, but if what I understand is true, that Disney choose not to follow the operations manual developed for the operation of the trains and instructed their employees to do the same, Disney should be sued for wrongful death directly correlated to this failure of following process and procedures.

I feel the same way. Although there's no amount that will ease her suffering, I hope she can find some peace

 

[Condorman]

Your probably right. I don't really see exactly how they can fight it, but it's Disney, and they really hate being wrong, or told they did something wrong. Just my thoughts...........

...which are biased as usual, so we will ignore you.

Disney pays millions for insurance, which in turn will pay off the family of the deceased. It won't make a dent in Disney's bottom line, and the amount will likely never be disclosed as one of the terms of the settlement. This says everything good about Disney and horrible about the family, which will shamefully receive millions in blood money for the loss of their son rather than going to state and federal authorities and pressing Disney and all theme parks to strengthen their safety and security procedures. If they truly loved their son, they would do this instead. Instead, it leaves the family looking infinitely more guilty than anything Disney did or didn't do.

And once again, Disney FTW.

 

[ChrisFL]

...which are biased as usual, so we will ignore you.

 

[mitros]

...which are biased as usual, so we will ignore you.

Disney pays millions for insurance, which in turn will pay off the family of the deceased. It won't make a dent in Disney's bottom line, and the amount will likely never be disclosed as one of the terms of the settlement. This says everything good about Disney and horrible about the family, which will shamefully receive millions in blood money for the loss of their son rather than going to state and federal authorities and pressing Disney and all theme parks to strengthen their safety and security procedures. If they truly loved their son, they would do this instead. Instead, it leaves the family looking infinitely more guilty than anything Disney did or didn't do.

And once again, Disney FTW.

As I will you...........

 

[jheigl]

I usually hold an anti-sue opinion, but if what I understand is true, that Disney choose not to follow the operations manual developed for the operation of the trains and instructed their employees to do the same, Disney should be sued for wrongful death directly correlated to this failure of following process and procedures.

I don't think Disney follows the operation manual for ANYTHING. I think they devise their own operational manuals for everything. I think this is one of those freak accidents that is a 1 in a million chance to happen...ALL of those unfortunate events had to be in place in order for this to happen...and unfortunately they were...however, they had the safety measures in place...but perhaps their downfall was putting trust in humans. From what I understand, if the guy who was supposed to be in the control center or wherever was actually there instead of at a restaurant controlling the monorails, than this wouldn't have happened.

 

[anthony2k7]

I really hope she isnt planning on keeping all the money for herself if she wins. That would make the tragic incident so much worse. Although as nothing has been mentioned so far about a charity or anything I fear that is exactly what she has planned.

 

[jlewisinsyr]

...which are biased as usual, so we will ignore you.

Disney pays millions for insurance, which in turn will pay off the family of the deceased. It won't make a dent in Disney's bottom line, and the amount will likely never be disclosed as one of the terms of the settlement. This says everything good about Disney and horrible about the family, which will shamefully receive millions in blood money for the loss of their son rather than going to state and federal authorities and pressing Disney and all theme parks to strengthen their safety and security procedures. If they truly loved their son, they would do this instead. Instead, it leaves the family looking infinitely more guilty than anything Disney did or didn't do.

And once again, Disney FTW.

And I thought my partner was in love with Disney.

Yes, Disney does have insurance, but it would ignorant to think that it won't effect them. Depending on how the action proceeds (if I were Disney and their insurers I'd settle quick) it could resurface bad publicity press, which is why Disney settles so often out of court with gag orders attached. Additionally, all insurance at the level we are talking about is experience based and because of the incident, their rates will most likely increase, which in turn does effect their bottom line.

As for the settlement, I don't think any of us knows what the parent's intend to do with the proceeds and it would be very unwise for us to assume or jump to conclusions. They may develop a scholarship fund in their son's memory (very common with these types of situations) or choose to start a not-for-profit that will seek to change policies.

In the end, I do not think Disney has won anything in this whole situation besides some real bad initial publicity. I also do not think any settlement is a win for the family who will never see their son again because of arrogance and incompetence due to lack of following stated procedures and lack of oversight.

 

[lockedoutlogic]

Disney was wrong...they will pay for this one. The insurance will pay..as already stated.

They shouldn't pay...as in a logical world money is not a treatment for loss or grief.

But still...they probably (and rarely this be the case) have already offered settlement to the family.

The question is: will the family push the matter to court to attempt the "BIG SCORE"....because that is wrong.

And besides...all court proceedings in Florida are heavily in Disney's favor...why? Because they have spent close to 45 years ensuring that it be the case.

 

[jlewisinsyr]

They shouldn't pay...as in a logical world money is not a treatment for loss or grief.

I look at situations like this and think, if the person had life insurance their debts and obligations should be resolved by the insurance.

A lawsuit for wrongful death is a little different because yes, the life insurance would still pay for their debts and obligations (ie. 5 years of living expenses for beneficiaries), but you're also factoring lost earning potential.

Now it could be debated that a young individual should have limited debt exposure (and it may or not be the case in relevance to the current conversation), but earnings potential is what I think will be important in this case. Sure there could be a monetary award for "pain and suffering", but I think ultimately the earning potential will be what will be the focus.

 

[KINGBOBOFTHENORTH]

Because the deceased was an employee, Disney has workmans comp immunity. So they have to plead this as a gross negligence case to get around the w/c immunity. In my opinion, from what I know, the plaintiff will be successful in showing gross negligence. Anytime someone does not follow manufacturer instructions as well as their own policies, gross negligence could be found.

Orange County juries do traditionally like the Mouse and when someone tries to fake an injury claim against them we're going to turn them away. Plaintiffs have a high burden of proof when they make claims against the #1 employer in Florida. But that means nothing when there is a case such as this. There's going to be a huge award if this case makes it to a jury. This case will settle and never make it to a jury though.

Survivors have no obligation to turn any money over to charity or safety programs or anything else. To expect that is unreasonable.

BobK/Orlando
but live from Chicago

 

[Chautauqua]

On a separate note, the other day I saw that someone had posted a poll about whether guests should be allowed to ride in the front with the pilot. The author of the post thought it should be allowed. (Note that this was a day or two before the lawsuit was announced). Even before the lawsuit came up, I figured that they would not allow it again, probably for years. By not allowing guests in the front cab, Disney can add that to their argument that they are doing everything they can to improve safety. Yes, this didn't contribute to this accident, but they can now argue that they have removed any possible distractions to the pilots. And now with the lawsuit. to say that they have improved safety in many ways is probably one of the few things they can use as part of their defense. Starting to allow guests up front would only be giving the prosecution another example to use to prove that Disney puts other things ahead of safety. Even before the lawsuit came up, I figured they wouldn't allow guests up front again until after the statute of limitations had passed for suing.

 

[lockedoutlogic]

I look at situations like this and think, if the person had life insurance their debts and obligations should be resolved by the insurance.

A lawsuit for wrongful death is a little different because yes, the life insurance would still pay for their debts and obligations (ie. 5 years of living expenses for beneficiaries), but you're also factoring lost earning potential.

Now it could be debated that a young individual should have limited debt exposure (and it may or not be the case in relevance to the current conversation), but earnings potential is what I think will be important in this case. Sure there could be a monetary award for "pain and suffering", but I think ultimately the earning potential will be what will be the focus.

I know what you're saying and you bring up a reasonable argument....

But you also boil a person's life down to what they can accumulate in material wealth and liquidity over the course of a "normal" lifetime...

You should work in the Congressional Budgetary Office!! Or run for the Senate...

 

[jlewisinsyr]

You should work in the Congressional Budgetary Office!! Or run for the Senate...

I actually work for a major financial firm in Finance (Global Fortune 25) and sit on two boards in Finance roles (not for profits). I have a ton of experience when it comes to insurance and finance and usually avoid the emotions in these subjects.

 

[Minnie321]

Money aside I don't know that many children will want to ride in the front if they have heard of the accident. My children had been in the front of the Monorail only five days before the accident and said they had no interest to do it again. I don't think it will return. The drivers are distracted - on that very day a few days before the accident we were riding along looking out the front and talking to the driver when the Monorail slowly came to a stop on the tracks. We asked if something was wrong - he giggled and said, "I was speeding - so it forces me to stop, if only our cars did the same thing." He thought it was funny that he was speeding in the Monorail - I didn't! I wish that boy's mom the best and I don't know what money can do for her, but Disney should compensate some how if they were wrong.

 

[Karlzmom]

Well since OSHA found them guilty and etc I don't see how they can fight it, so I see them settling on a dollar amount out of court.

Is there a difference in the standard of proof between the administrative (OSHA) and the civil liability to be established by the lawsuit?