Disney faced with lawsuit in Mission: Space death

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mkt

When a paradise is lost go straight to Disney™
Premium Member
Original Poster
http://www.orlandosentinel.com/business/custom/tourism/orl-bk-disney061306,0,1860538.story?coll=orl-home-headlines



Scott Powers | Sentinel Staff Writer
Posted June 13, 2006, 8:00 PM EDT

One year after a 4-year-old Pennsylvania boy died after riding Epcot's Mission: Space simulator ride, his family has sued Walt Disney World for wrongful death.

The family of Daudi Bamuwamye sued the company Tuesday in Orange County Circuit Court seeking unspecified damages. They say company officials didn't adequately warn the public of the ride's hazards, should never have allowed a boy so small onto the ride, and didn't do enough to help him when he got off unconscious and stricken.

"They are exposing the general public to a ride whose forces they don't really understand," said Tampa attorney Robert A. Samartin, who is representing Daudi's parents, Moses and Agnes Bamuwamye of Sellersville, Pa.

Mission: Space spins riders inside a mock spaceship, using centrifugal force, other physical motion, video and audio to simulate a trip to Mars. The ride opened in the summer of 2003 and Disney has said more than 11 million people have been on it.

In April, a second person died after riding the attraction, a 49-year-old German woman named Hiltrud Bl?At least another 10 have been hospitalized and at least another 130 have been treated at the scene for illnesses.

In May Disney revised the ride to offer a "lite" version that does not include centrifugal force. But the company has always maintained, and still insists, that the original version is safe.

A Disney spokeswoman denied all the assertions in the suit Tuesday and offered the family sympathy.

While on vacation, Daudi, his sister Ruth, and their mother rode Mission: Space on June 13, 2005. During the ride, Agnes Bamuwamye saw her son tense up, scream and then become unresponsive. When the ride ended, paramedics and later doctors at Florida Hospital Celebration were unable to resuscitate him.

An autopsy by Dr. Jan. C. Garavaglia, chief medical examiner for the district that includes Orange and Osceola counties, found that Daudi died of a heart attack caused by a previously undiagnosed, rare heart disease that gave him an enlarged heart flawed with scar tissue.

Another autopsy is pending for Bl?though a preliminary report said she had severe high blood pressure and died of a stroke.

The Bamuwamye family was marking the anniversary of Daudi's death Wednesday in quiet solitude and was unavailable to comment, Samartin said.

"They are struggling. They have a surviving daughter and they are forging ahead. They are people of deep faith. That helps them," he said. "But it's a day-to-day struggle.

Disney spokeswoman Jacquee Polak called his death "a terrible loss to his loved ones. We sympathize with them. However, we disagree with the assertions of the lawsuit."

The Bamuwamye suit accuses Disney of not doing anything to modify the ride or adequately warn the public of danger even though many people have sought emergency medical attention since the ride's inception.

The family also faults Disney for allowing 44-inch children on the ride, when one national standard, suggested by the American Society for Testing and Materials, calls for a 48-inch minimum for rides of high acceleration. Daudi was 46 inches tall.

And the Bamuwamyes complain that Disney paramedics did not use a portable defibrillator on him. They say Disney boasts, in promotional materials, of having portable defibrillators throughout its theme parks, and 4,000 employees trained to use them.

"We're pretty confident it would have given this kid a chance, and possibly saved his life," Samartin said.

Polak acknowledged that there was no portable defibrillator stationed at Mission: Space. But she said well-trained, well-equipped paramedics handled the emergency response appropriately. She also said the 44-inch height is appropriate for the ride, and that Disney has no reason to change the ride or public warnings that are delivered through multiple signs and audio and video media. They warn, among other things, that people with heart conditions or high blood pressure should not ride.

"We believe the attraction is safe," she said.
 

ballewclan

New Member
I have sympathy for their loss...

but they are sueing for the sake of sueing. This case is a no brainer. If the parent makes the judgement to put her child on a ride that HAD signs posted about health conditions and her child met the required height then how is it disney's fault?

Also, if the ride's height requirement should have been 48 inches...it would have been. The only hint of reasoning behind this lawsuit may be the fact that no defibrillators were on site, but if paramedics responded quick enough then thats all they could do!

It would be like blaming a balloon company if a balloon had popped and the kid had a stroke...
 
it is so incredibly sad when you lose a loved one, especially at such a young age and i couldnt even begin to understand what the family is feeling, but it doesnt really seem like they have a case and are just lashing out after an unfortunate event. there is no way they anyone could argue that you are not properly warned before you go on that ride. you would have to have your eyes closed and hears plugged and be led in by a guide, but obviously a CM wouldnt let u do that. height has nothing to do with a heart condition. that boy could have been 6 feet tall but if he had a bad heart then it still would have failed him. faulty hearts can rarely be fixed by a difibulator anyway. they are supposed to restart the steady rhythm of a heart, not fix scar tissue.
 

kiawahman

Account Suspended
ballewclan said:
I have sympathy for their loss...

but they are sueing for the sake of sueing. This case is a no brainer. If the parent makes the judgement to put her child on a ride that HAD signs posted about health conditions and her child met the required height then how is it disney's fault?

Also, if the ride's height requirement should have been 48 inches...it would have been. The only hint of reasoning behind this lawsuit may be the fact that no defibrillators were on site, but if paramedics responded quick enough then thats all they could do!

It would be like blaming a balloon company if a balloon had popped and the kid had a stroke...

If the parents disobeyed the signs the state should sue them.
 

unkadug

Follower of "Saget"The Cult
It all depends on the parents lawyer(s). Any case can be argued to any conclusion.
 

PixiePrincess

New Member
So sad, but what will sueing do? It won't bring a loved one back. There are signs posted all over the place with warnings. That was the reason I didn't go on, I read the warning. I am so sorry for their loss, but I don't think they have a case....:(
 

popsicletrees

Well-Known Member
ballewclan said:
I have sympathy for their loss...

but they are sueing for the sake of sueing. This case is a no brainer. If the parent makes the judgement to put her child on a ride that HAD signs posted about health conditions and her child met the required height then how is it disney's fault?

Also, if the ride's height requirement should have been 48 inches...it would have been. The only hint of reasoning behind this lawsuit may be the fact that no defibrillators were on site, but if paramedics responded quick enough then thats all they could do!

It would be like blaming a balloon company if a balloon had popped and the kid had a stroke...

I totally agree with what you have to say. I'm sure if this goes to court the court costs will be astronomical. I feel really bad for the family, but I just don't see where they have a case.
 

Horizons1

Well-Known Member
Not warned enough?

I remember even back before this happened, it was thought that there were too many warnings. Sheesh...

:brick: :dazzle: :hammer:
 

lcsrig

Member
Doesn't somebody's signature on here say that there are like 13+ warnings?? I am sorry for the family's loss but if you choose to bring your child on a ride after they tell you 13 times that it is not your average ride then its NOT Disney's fault.
 

wannab@dis

Well-Known Member
article said:
The family of Daudi Bamuwamye sued the company Tuesday in Orange County Circuit Court seeking unspecified damages.
article said:
The Bamuwamye family was marking the anniversary of Daudi's death Wednesday in quiet solitude and was unavailable to comment, Samartin said.

Interesting timing... I'm sorry for their loss, but I'm having a tough time feeling much empathy for their situation now. I don't think they have a case, but I'm wondering how Disney will handle this. Many corporations are now taking a stand against baseless lawsuits because they see quietly paying people off is no longer working in the long run and is actually creating more baseless lawsuits.

I think Disney needs to fight this and I think they will win. There are/were tons of warnings and the parents could have decided to not take their child. Personal actions require personal responsibility.
 

ballewclan

New Member
In addition, even if a CM had come up to them and said "I suggest your son not ride due to his height being too close to the mark", the mother would have responded "He meets the requirements and wants to go on."

Ultimately, Disney can't be responsible for the decision made by parents.
 

Rayray

New Member
Outrageous. Its amazing what people will do for money. They don't have a case, and they know it. I would be willing to bet that they will take the first offer to settle out of court. I only hope that the family doesn't try to exploit the death any more. :( disappointed
 

Valawen9

New Member
This reminds me of the time my friend got on top of a bar to dance and fell off, then sued the bar for not stopping her from getting up on the bar.

:brick::brick::brick:
 

Rayray

New Member
"They are exposing the general public to a ride whose forces they don't really understand," said Tampa attorney Robert A. Samartin, who is representing Daudi's parents, Moses and Agnes Bamuwamye of Sellersville, Pa.

I think that well-trained engineers understand the elementary principle of centrifugal force. :rolleyes: That statement is just plain insulting and uncalled for. It's like one of the ride engineers telling Mr. Samartin that he doesn't understand law. The guy talks like this is some kind of black magic force. Sheesh.
 

Shiloh

New Member
I am sorry the child passe away but as others have said, these people do not have a leg to stand on. Maybe this case will be thrown out of court. If not, Disney needs to go to court and fight. I hope they do not settle with the family for millions of dollars just to avaoid a lawsuit. If Disney goes to court i am sure they will win this one.
 

Sledge

Account Suspended
Valawen9 said:
This reminds me of the time my friend got on top of a bar to dance and fell off, then sued the bar for not stopping her from getting up on the bar.

:brick::brick::brick:
Please tell me you are not still friends with this girl. :lol:
 

DznyGrlSD

Well-Known Member
In the Parks
Yes
Doesn't anyone READ THE WARNING SIGNS???? Okay fine, what about the VIDEO warnings about the ride??? :fork: :brick::brick::brick:

I blame these kind of people for ticket/room price increases :mad:
 
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