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Saturday, December 3, 2005
Disney settles lawsuit over fatality
Company accepts responsibility for death of man who rode Big Thunder Mountain Railroad.
By MICHELE HIMMELBERG
The Orange County Register
The Walt Disney Co. settled a wrongful death claim Friday, taking the blame for faulty maintenance and mechanical failures that killed a 22-year-old man on Big Thunder Mountain Railroad in 2003.
Three days before a trial was to begin, the family of Marcelo Torres, of Gardena, settled its claims for an undisclosed amount of money. The family issued a joint statement with the Disneyland Resort in which Disney accepted responsibility for the mistakes that led to the fatal roller-coaster accident.
State safety regulators discovered the failures, along with laxity in Disney's training and procedures, when it investigated the accident.
"We all deeply regret that the tragic accident occurred and are terribly saddened by the grievous pain this caused the Torres family," said Rob Doughty, a spokesman for Disneyland Resort.
"We agree with the conclusions of the (state) that the accident was caused by incorrectly performed maintenance tasks on Big Thunder Mountain, required by our policy and procedures, which resulted in a mechanical failure, for which we, of course, accept responsibility."
It was very important to Jaime and Carmen Torres that their two-year investigation uncover what happened on Sept. 5, 2003, and that Disney admit liability, said Wylie Aitken, a Santa Ana lawyer who represented the family.
"As simplistic as it seems, they needed to know that their son did not die in vain," said Aitken. "They felt they had accomplished 90 percent of what they wanted to do, and the price to go forward (to trial) was too high."
Disney typically makes any settlement amounts confidential, but it rarely accepts responsibility for mechanical problems on its attractions. The company is known for "fighting hard" when it comes to defending itself against lawsuits, said Howard Fine, a Houston lawyer and specialist in wrongful death.
The financial settlement probably was not much more than $1 million, Fine said, because Torres was single and had no children. Along with claims for medical and legal costs, the family sought damages for loss of love, companionship and affection.
"The amount (awarded for) death depends on how much you suffer before you die and who you leave behind, and the lowest category of that is your parents," Fine said.
Torres died at the scene of the accident when his chest was crushed by the front car of the train, which looks like a locomotive. The car derailed after a guide wheel fell off. The wheel was not tightened according to Disney's standards and a safety wire was not installed, the state found.
In a statement, parents Jaime and Carmen Torres said: "There is no money possible to pay for (Marcelo's) life - ever. But that is the only remedy the law can provide."
The Torres family announced it has set up an arts scholarship in Marcelo's name at Brooks College, where he was studying to become an animator.
Aitken said he also settled the claims of Vicente Gutierrez, who was on the ride with his friend Torres, and the VanDekeere family of Vancouver, Canada, which witnessed the accident.
Since 1998, one other person has died in an accident at Disneyland, and a boy suffered serious brain damage. In 2003, the year of the Big Thunder accident, 116 people filed accident reports at Disneyland for injuries that required more than basic first aid, according to state data.
Disney settles lawsuit over fatality
Company accepts responsibility for death of man who rode Big Thunder Mountain Railroad.
By MICHELE HIMMELBERG
The Orange County Register
The Walt Disney Co. settled a wrongful death claim Friday, taking the blame for faulty maintenance and mechanical failures that killed a 22-year-old man on Big Thunder Mountain Railroad in 2003.
Three days before a trial was to begin, the family of Marcelo Torres, of Gardena, settled its claims for an undisclosed amount of money. The family issued a joint statement with the Disneyland Resort in which Disney accepted responsibility for the mistakes that led to the fatal roller-coaster accident.
State safety regulators discovered the failures, along with laxity in Disney's training and procedures, when it investigated the accident.
"We all deeply regret that the tragic accident occurred and are terribly saddened by the grievous pain this caused the Torres family," said Rob Doughty, a spokesman for Disneyland Resort.
"We agree with the conclusions of the (state) that the accident was caused by incorrectly performed maintenance tasks on Big Thunder Mountain, required by our policy and procedures, which resulted in a mechanical failure, for which we, of course, accept responsibility."
It was very important to Jaime and Carmen Torres that their two-year investigation uncover what happened on Sept. 5, 2003, and that Disney admit liability, said Wylie Aitken, a Santa Ana lawyer who represented the family.
"As simplistic as it seems, they needed to know that their son did not die in vain," said Aitken. "They felt they had accomplished 90 percent of what they wanted to do, and the price to go forward (to trial) was too high."
Disney typically makes any settlement amounts confidential, but it rarely accepts responsibility for mechanical problems on its attractions. The company is known for "fighting hard" when it comes to defending itself against lawsuits, said Howard Fine, a Houston lawyer and specialist in wrongful death.
The financial settlement probably was not much more than $1 million, Fine said, because Torres was single and had no children. Along with claims for medical and legal costs, the family sought damages for loss of love, companionship and affection.
"The amount (awarded for) death depends on how much you suffer before you die and who you leave behind, and the lowest category of that is your parents," Fine said.
Torres died at the scene of the accident when his chest was crushed by the front car of the train, which looks like a locomotive. The car derailed after a guide wheel fell off. The wheel was not tightened according to Disney's standards and a safety wire was not installed, the state found.
In a statement, parents Jaime and Carmen Torres said: "There is no money possible to pay for (Marcelo's) life - ever. But that is the only remedy the law can provide."
The Torres family announced it has set up an arts scholarship in Marcelo's name at Brooks College, where he was studying to become an animator.
Aitken said he also settled the claims of Vicente Gutierrez, who was on the ride with his friend Torres, and the VanDekeere family of Vancouver, Canada, which witnessed the accident.
Since 1998, one other person has died in an accident at Disneyland, and a boy suffered serious brain damage. In 2003, the year of the Big Thunder accident, 116 people filed accident reports at Disneyland for injuries that required more than basic first aid, according to state data.
