Family suing Disney

[Laura]

I wonder how many people here have served on a jury whether it be civil or criminal. Big difference.

That is true, there is a big difference. I served on a jury last year for a criminal trial. If it had been a civil trial, I am sure we would have found the gentleman in question guilty. But we had reasonable doubt, which is all that's necessary for "not guilty" in a criminal trial. This was very much emphasized throughout.

I do hope this case goes to trial, because I don't believe Disney is at fault and can prove it. But I can see the parents' point of view. Disney has another guest die after experiencing the same ride, and they later tone down the experience. They could argue that is an admission of guilt, perhaps? "See, even Disney thinks it is too much." Doesn't matter that the real reason is that the ride had practically no wait.

 

[Ginamarie]

I do hope this case goes to trial, because I don't believe Disney is at fault and can prove it. But I can see the parents' point of view. Disney has another guest die after experiencing the same ride, and they later tone down the experience. They could argue that is an admission of guilt, perhaps? "See, even Disney thinks it is too much." Doesn't matter that the real reason is that the ride had practically no wait.

Disney will want to have the case thrown out before it ever makes it to trial. They can do that with motions if it's completely clear that the plaintiffs have no case.

As for the fact that Disney toned down the ride afterwards, they can't talk about that in court. The court won't let ANYONE testify about what Disney did to the ride after the accident. This is for the exact reason you're talking about.. they don't want a jury thinking that Disney made decisions afterwards because of the accident, when it could have been for any reason at all. They also don't want defendants to be penalized for fixing a problem if they were negligent and fixed it afterwards.

 

[Feralpeg]

I agree. I don't think it is out of the realm of possibility that Disney be found to be liable/negligent in some way.

Heard yesterday on local news that the family is saying Disney is negligent due to the fact they have no *portable defibrilators* available for emergency use. Family and their lawyer say that Disney knew this was bound to happen eventually and should have been prepared.

It is odd that they don't have portable defibrilators in the parks. They have them at some of the resorts. I remember seeing one in a case on a post along a path near AB at POR several years ago.

Now, I can certainly understand that not all of the staff is informed as to what is available. The CMs are always the last to know. We hear more than they do!

 

[Feralpeg]

OK. Lets try this again. Nobody is saying that Disney gave this kid a pre-existing heart condition. But that does not mean that Disney wasn't negligent. The only thing any authority has determined is that the ride was not faulty and the warnings were adequte. That doesn't mean the authority is right or a Court of Law accepts either of those as true. Regardless, NO ONE has made any determination as to whether there was a ride defect or if the riders were not monitored appropriately.

I'm still waiting for someone to explain why they just accept that Disney couldn't possibly be at fault.

I guess it is because we can't come up with what else Disney could have done to prevent something like this other than shut the ride down completely.

Several years ago, a girl stood up during a rollercoaster ride at a theme park in Kansas City. She fell and was killed. There were signs in the loading area of the ride saying no standing was allowed. Should the theme park have been held responsible for this girl's death? The put up a warning which she ignored. What else could they have done?

IMHO, this is the same thing. Disney warns that MS is an intense ride and that people with health problems should ride it. I realize that people might not know that they have health issues and that is a problem, but what could Disney do about it? They could shut down the ride completely, but then they should probably shut down Splash Mountain, Thunder Mountain, Space Mountain, etc. because someone might ignore the warnings and fall out.

Life is a crap shoot. While we try to take certain precautions, none of us are assured of another day on this earth. Things happen. Should professional sports teams be sued when a basketball player drops dead due to an undetected heart condition? No, the player makes the decision to play. We probably don't think about it, but any of us could die doing something strenuous although we think we are in perfect health. My mom bent over to put a log in our fireplace. An aneurysm in her head burst and she died at age 49. She didn't have a clue anything was wrong. Things happen that no one can for-see or prevent.

I feel very sorry for this family, but I don't believe Disney is at fault.

 

[cardaway]

It is odd that they don't have portable defibrilators in the parks. They have them at some of the resorts. I remember seeing one in a case on a post along a path near AB at POR several years ago.

How do you know they don't just have them in the CM or Security areas of the parks?

 

[ExPirateShopGirl]

From Mouse Planet News Blurbs, January 2006


Another shoe drops on Big Thunder
A Telluride, Colorado, family has filed suit against the Walt Disney Company for damages resulting from a July 8, 2004, accident on Disneyland's Big Thunder Mountain Railroad attraction. The Cope family's claim is that following the accident Gerald Cope, the father of the family, suffered back injuries requiring surgery and eventually sale of his jewelry business. Allegedly his wife and two children also suffered soft-tissue injuries and emotional distress. No compensation amount was specified in the suit.

Disneyland spokesman Rob Doughty released this statement: "We have repeatedly asked Mr. Cope for background information so we can evaluate his claim—and we have yet to receive it."

The accident in which the Cope family was the third collision incident on the ride in nine months. In September 2003, one train separated and then collided with itself, killing Marcelo Torres and severaly injuring a friend. Only weeks after the ride finally reopened, there was a minor collision between two trains in April 2003; the trains were unoccupied and nobody was injured. In the July 8 incident, involving the Cope family, a train returning to the loading platform incorrectly entered on the side still occupied by a just-loaded train, causing a collision that sent three people to the hospital (it is unknown whether Mr. Cope is the 42-year-old male reported at the time to have required hospitalization). The ultimate report from the California Department of Occupational Safety and Health pinned the cause on operator and software errors.

No reasoning has been offered for waiting more than 18 months before filing a lawsuit but it seems likely that part of it was to wait for resolution of the lawsuits resulting from the September 2003 incident. The Cope family is represented by Christopher R. Aitken, an attorney with the Beverly Hills lawfirm of Aitken, Aitken & Cohn (the firm was founded by Wylie Aitken, apparently Christopher's father). Christopher Aitken and his firm are well experienced in litigation involving Disney, not only did they represent the family of Marcelo Torres in their wrongful death suit (recently settled out of court with Disney admitting responsibility) but also represented Lieu Thuy Vuong after she and her husband, Luan Phi Dawson, were both struck by a cleat torn loose from the Sailing Ship Columbia. Dawson was killed in the incident and Vuong severaly injured. The resulting lawsuit was settled for an estimated $25,000,000.

Notice all are settled out of court... as most lawsuits are.

 

[Geoff_M]

Heard yesterday on local news that the family is saying Disney is negligent due to the fact they have no *portable defibrilators* available for emergency use. Family and their lawyer say that Disney knew this was bound to happen eventually and should have been prepared.

Well, if true, I think the family would stand a lot better chance at winning this one. Here's why... Next comes the "Discovery" phase of the trial. Disney will be compelled to turn over to the family's legal team every document related to the design, building, testing, operation of M:S. Conversely, all of the boy's medical information will be turned over to Disney's lawyers. All the family's legal team needs in the mountain of Disney documents is one memo from one employee that either suggested that the ride might have an increased cardiac risk, or suggested that perhaps they place AEDs at the ready (along with a management rejection of the notions), even if the employee was engauging in speculation or hyperbole, and they'd be sitting pretty. Couple that with paid expert medical witnesses that will testify that an AED "might" have saved the boy, and you've got a possible Cha-Ching!!! Again, you don't need to convince a jury beyond a reasonable doubt that it would have saved him.

When you have an organization with hundreds or thousands of employees, it's easy to find one person that will express something, true or not, in writting that a Plantiff's lawyer can turn into gold. Some companies actually try and train their employees not to write what are known as "toxic" documents... (don't speculate, stick to facts, don't embellish, don't speak outside your field of expertise, etc.) The kind where someone with a flair for drama writes something like "Well, when the product kills someone, don't blame me!"

 

[lucyanna girl]

In my opinion, (Please deposit the exact amount of money that my opinion is worth to you in my bank ) people are much to "sue happy". If you watch television you see so many lawyers promising to take on lawsuits for no money down and get exorbitant amounts of money for their clients. You can sue anyone for anything whether or not you actually have a case. If I so choose I can sue any one of you. I might not win, but I can do it. You can also do the same to me. The difference in you and I and Disney is that they have insurance companies who will pay off a certain number of cases rather than go to court. Many people know and take advantage of this fact.
DH and I own and operate a small over the road trucking company. We pay an enormous (for our income) amount for liability insurance. All truckers do. If high fuel prices don't get us in the end it will be insurance prices that do. You would not believe the things people will do to try to cause an accident that they can sue for. Our drivers have been rear ended at stop lights by another driver and guess what, in spite of police reports saying we were not at fault, witnesses who said we were not at fault, we get sued. Also had a woman with small children, including a baby in a car seat pull up so close behind a truck at a fueling stop that she was invisible in his rear view mirrors. She had no reason to be there, these were diesel pumps at a truck stop on the side for big rigs - she was in a gas fueled car on the wrong side. Thank goodness another trucker shouted a warning to our driver in time to stop him before he did any more than crack the plastic license plate holder on her car. Police were called, she claimed no injuries. Our drivers all carry disposable cameras so he took pictures and also got the names of multiple witnesses and a police report was made. Guess who wanted to sue for grievous injuries and damage to their car the next morning after calling a TV lawyer? You got it! Had another driver who was driving along on a rural highway when a car came off a side road and hit him in his rear wheels straight from the side. These incidents have been over a period of years and were all ruled not our fault BUT, they go on your insurance record and also every accident that is reported goes in your Dept, of Transportation Safety Stat record and will earn you a safety audit which is about as much fun as ten root canals. For the Safety Stat it does NOT matter whose fault the accident was, your stats will be worse. So the next time you hear about a trucking company with "multiple safety violations" , remember this.
Our drivers are good. We attempt to be as safe as we possibly can be. We have children and grandchildren and parents on the road too and we want nothing more than their safety. We have also had our insurance payoff schemers who did not deserve anything. It makes my DH furious when this happens. He tries to get the insurance not to do this but they have told his and this is a direct quote, "All someone has to do is file a suite and a judge will give them a payoff simply because a big rig is involved".
My point in all this is, If we have these problems because dishonest people know a trucking company has to carry a lot of insurance, can you imagine what Disney faces? And I am sure they payoff in many cases just to avoid a court case. Their exposure is tremendous. And there are many, many unscrupulous lawyers who will take on a lawsuit simply because the possibility exists that it will be settled out of court.
By the way? I am not a lawyer hater, just the slimy ones. Did I mention Our Oldest DD is an attorney? She does not advertise on TV.

Penny

 

[Lisa loves Pooh]

From Mouse Planet News Blurbs, January 2006


Another shoe drops on Big Thunder
A Telluride, Colorado, family has filed suit against the Walt Disney Company for damages resulting from a July 8, 2004, accident on Disneyland's Big Thunder Mountain Railroad attraction. The Cope family's claim is that following the accident Gerald Cope, the father of the family, suffered back injuries requiring surgery and eventually sale of his jewelry business. Allegedly his wife and two children also suffered soft-tissue injuries and emotional distress. No compensation amount was specified in the suit.

Disneyland spokesman Rob Doughty released this statement: "We have repeatedly asked Mr. Cope for background information so we can evaluate his claim—and we have yet to receive it."

The accident in which the Cope family was the third collision incident on the ride in nine months. In September 2003, one train separated and then collided with itself, killing Marcelo Torres and severaly injuring a friend. Only weeks after the ride finally reopened, there was a minor collision between two trains in April 2003; the trains were unoccupied and nobody was injured. In the July 8 incident, involving the Cope family, a train returning to the loading platform incorrectly entered on the side still occupied by a just-loaded train, causing a collision that sent three people to the hospital (it is unknown whether Mr. Cope is the 42-year-old male reported at the time to have required hospitalization). The ultimate report from the California Department of Occupational Safety and Health pinned the cause on operator and software errors.

No reasoning has been offered for waiting more than 18 months before filing a lawsuit but it seems likely that part of it was to wait for resolution of the lawsuits resulting from the September 2003 incident. The Cope family is represented by Christopher R. Aitken, an attorney with the Beverly Hills lawfirm of Aitken, Aitken & Cohn (the firm was founded by Wylie Aitken, apparently Christopher's father). Christopher Aitken and his firm are well experienced in litigation involving Disney, not only did they represent the family of Marcelo Torres in their wrongful death suit (recently settled out of court with Disney admitting responsibility) but also represented Lieu Thuy Vuong after she and her husband, Luan Phi Dawson, were both struck by a cleat torn loose from the Sailing Ship Columbia. Dawson was killed in the incident and Vuong severaly injured. The resulting lawsuit was settled for an estimated $25,000,000.

Notice all are settled out of court... as most lawsuits are.

Also notice that in all cases--these were accidents where the ride malfunctioned.

M:S did not malfunction and was operating properly.

 

[PoohnPglet]

The resulting lawsuit was settled for an estimated $25,000,000.

No wonder cast members are working at minimum wage!

 

[Feralpeg]

How do you know they don't just have them in the CM or Security areas of the parks?

I don't. I was responding to a prior post that said they don't have them. That shocked me as I've seen them at the resorts.

 

[Cool-Beans]

What exactly was this kid's pre-existing condition?

 

[Lisa loves Pooh]

What exactly was this kid's pre-existing condition?

Autopsy shows boy died at Disney from heart condition

00:04 2005-11-16
The death of a 4-year-old boy after he went on a rocket-ship ride at Walt Disney World was caused by abnormal cardiac rhythms from a RIA Novosti condition that he apparently had since birth, according to an autopsy released Tuesday.

Daudi Bamuwamye, the son of a United Nations worker from Uganda, died after riding "Mission: Space" in June. He had an abnormality of the heart muscle called idiopathic myocardial hypertrophy, with fibroelastosis of the left ventricle, the Orange County Medical Examiner's Office said.

"People with this condition are at risk for sudden death throughout their life due to abnormal electrical heart rhythms," the medical examiner's office said. "This risk could be increased under physical or emotional stressful situations. This condition may also eventually lead to heart failure."

 

[Geoff_M]

The four-year-old boy who died after riding the Mission: SPACE attraction at Walt Disney World's Epcot in June had a rare, undetected heart condition that killed him, the chief medical examiner of Florida's Orange County concluded in a just-released autopsy report. According to UPI, the examiner determined that Daudi Bamuwamye could have died anytime from the idiopathic myocardial hypertrophy that enlarged and damaged his heart. At the time of the incident, the medical examiner's autopsy did not indicate any trauma. Mission: SPACE, which I consider to be among Disney's finest achievements, is a highly themed attraction that uses spinning centrifuges and motion simulator trickery to conjure a journey to Mars. In other news, the New York Times reports that roller coasters may trigger abnormal heart rhythms in riders with heart disease. German scientists that conducted a roller coaster study concluded that psychological stress, more than G forces or the actual ride experience, appeared to spike heart rates and cause arrhythmia.

http://themeparks.about.com/b/a/219936.htm

Wouldn't it be ironic if the extra mental stress brought on my all of the warning and "danger!" messages riders are bombarded with in the queue is the actual cause of the arrhythmic event associated with M:S?!?!?!

 

[Cool-Beans]

Autopsy shows boy died at Disney from heart condition

00:04 2005-11-16
The death of a 4-year-old boy after he went on a rocket-ship ride at Walt Disney World was caused by abnormal cardiac rhythms from a RIA Novosti condition that he apparently had since birth, according to an autopsy released Tuesday.

An RIA Novasti condition? What the heck is that? Either it is new or really, really rare, I'm thinking. I work in Cardiac care and Cardiac step-down and I never heard of this!

The rest I get.

 

[Daxx]

Life is a crap shoot. While we try to take certain precautions, none of us are assured of another day on this earth. Things happen.

I feel very sorry for this family, but I don't believe Disney is at fault.

Amen, Sista!

~Daxx's Wife

 

[Daxx]

An RIA Novasti condition? What the heck is that?

RIA Novasti condition has something to do w/this:

It has long been established that magnetic storms endanger living organisms. They change the blood flow, especially in capillaries, affect blood pressure, and boost adrenalin. .

The heart and cardio-vascular system have always been considered the main biological targets of geomagnetic activity. Experts from the Institute of Space Studies of the Russian Academy of Sciences (RAS), Institute of Physics of the Earth (RAS), and the Sechenov Moscow Medical Academy have established that the biggest danger emanates from the micro variations of the geomagnetic field, which coincide with the heartbeat.

Medical statistics show that 70% of all micro variations, caused by geomagnetic disturbances, are accompanied by an abnormally high incidence of heart attacks, and blood-strokes. The low and extremely low frequency electromagnetic fields destabilize the heartbeat, leading to a sudden death or infarction. Medical experts have finally explained why heart attacks take a heavy toll before a magnetic storm - because micro variations begin 24 hours before the storm.

So ... with that said, if there are geomagnetic disturbances on the ride, it could trigger the heart attack.

 

[Dwightt]

I had a friend and her whole family did get food poisoning. They didn't sue, just wrote a letter of complaint and they were comped with park Tickets.

My husband and I took our entire family of 16 to Disney World and we stayed at the Grand Floridian. We gave each family a suite and paid for everything so that they could have a once in a life time vacation. My husband and I saved for this trip for over two years. Eleven of us ate lunch together the second day we were there at one of the Hotels restaurants. All eleven of us got food poisoning and my husband was taken by ambulance to the hospital. Some members from each family were effected so each room had to be sterilized. Disney gave us a claim number and said they would compensate us. What a joke that was!! We hired an attorney in Orlando to represent us. All we wanted was to recoup some of the money we lost for the meal, lost park time, ambulance ride and hospital bill. We got absolutely nothing!! Our attorney said they wanted to keep us tied up in court and legal action until we ran out of money. Disney has deep pockets and they don't care. The Dr. at the hospital told us while we were there that they see lots and lots of food poisoning cases from Disney. If any one can come up with a case that will stick we will jump on the band wagon with them!
Dwightt
dft57@cox.net

 

[2forMe]

This thread is 10 yrs old.....why would you post on it?

 

[SMD]

Because they probably googled "suing Disney." This is why it might be a good idea to automatically lock threads that haven't been updated in a year or 2. If someone wants to update they can PM a mod or post a new thread and mods can reopen and merge.