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News Guest dies, found unresponsive after riding Stardust Racers

mkt

When a paradise is lost go straight to Disney™
Premium Member
Original Poster
I noticed something interesting while taking a peek at another theme park incident: Burkhalter v. Disney. That was the case back in 2019/2020 where a 69-year-old woman was arrested by OCSO at Magic Kingdom after Disney security flagged her CBD oil. After the criminal charges were dismissed, she later filed a civil suit with Ben Crump as her attorney.

That’s the same attorney running the PR offensive against Universal right now.

Anyway, the suit itself was a mess. It read more like a political attack speech than an actual lawsuit, with facts being optional and opinions getting equal billing. It was loaded with conjecture, irrelevant points, and flat-out mistakes - two easy examples being that Disney doesn’t own Tokyo Disneyland and has never owned or operated a park in Taiwan.

The case went nowhere in either state or federal court. The federal case wasn’t even dismissed on the merits - it was tossed because Crump’s team couldn’t follow basic procedure, missing mandatory disclosures after being warned. The judge even noted his firm had failed to comply with orders in another related case. The fact that they haven't refiled 5 years later is equally damning.

If this is who the Rodriguez Zavala family has chosen to represent them, they don’t stand much of a chance if things actually hit a courtroom. Crump’s power is outside the courtroom - he plays to the media and wins in the court of public opinion. Inside the courtroom, Universal’s attorneys will wipe the floor with him… if he even manages to follow the rules.

Best case for the family is an out-of-court settlement. Worst case, they trusted this to a shyster.
 

flynnibus

Premium Member
Almost 5pm, no suit filed yet.
You keep saying this...

Why would they file now? Nothing they can do will force the state or ME to do anything quicker.. their only leverage is on UNI and Mack. UNI played their hand.. they wanted the coaster open. Crump can't do anything to stop that, suit or not. His pressure is only in the public eye and financial pain. UNI called their cards on the public opinion.. and it looks like our 24hr news cycle doesn't care.

I think it's in Crump's interest to wait. It's like letting them take the rope.. the more UNI stonewalls them, the more ammo Crump collects.. the more changes UNI makes, the more ammo Crump collects. And what they get once they do get a judge involved doesn't get compromised by waiting. So what's the rush?

They still gotta get the state and ME to conclude.. then they'll likely confront UNI again, and THEN if they don't cooperate, threaten with the suit, if no successful negotiation, then they file.. and then start the new round of pressure to drag out the stuff UNI doesn't want to let go.. and try to force a negotation before discovery.. and if THAT doesn't result in a deal.. then they drag UNI by throwing a big a net as possible.. and again try to force a deal before trial.

I don't see how this ever gets that far.. I think it boils down to if there is a number big enough that just makes the family go away without other concessions..
 

mkt

When a paradise is lost go straight to Disney™
Premium Member
Original Poster
There’s not really a need to file quickly. And it would even make sense to wait on more information such as the full medical examiner’s report.
Using Crump’s own words against him - he called this “evidence tampering.” Under Florida law (§918.13), that means altering, destroying, or concealing evidence that could be used in an official proceeding. If he really believed that’s what was happening, the logical move would be to file suit and ask for immediate relief - like having a judge order Universal to halt Stardust Racers until everything was preserved.

Instead, all we got today was another PR offensive.
 

flynnibus

Premium Member
Using Crump’s own words against him - he called this “evidence tampering.” Under Florida law (§918.13), that means altering, destroying, or concealing evidence that could be used in an official proceeding. If he really believed that’s what was happening, the logical move would be to file suit and ask for immediate relief - like having a judge order Universal to halt Stardust Racers until everything was preserved.

Instead, all we got today was another PR offensive.
He'll just use discovery to flush out any and all changes UNI made to the ride post-accident. He never had a leg to stand-on to force the ride remained closed and they know that - that's the realm of the state. There was never a chance to try to preserve the scene in some way for their inspection. They clearly at their earlier PCs didn't even know what evidence UNI had - they presumed video recordings, etc based on reasonable assumptions.

Point being, how is he going to win an injunction about evidence tampering w/o anything suggesting it? Again.. nothing has changed in the last week in the externally visible posture except UNI showing they were going to move forward with only operational changes.
 

Chi84

Premium Member
He'll just use discovery to flush out any and all changes UNI made to the ride post-accident. He never had a leg to stand-on to force the ride remained closed and they know that - that's the realm of the state. There was never a chance to try to preserve the scene in some way for their inspection. They clearly at their earlier PCs didn't even know what evidence UNI had - they presumed video recordings, etc based on reasonable assumptions.

Point being, how is he going to win an injunction about evidence tampering w/o anything suggesting it? Again.. nothing has changed in the last week in the externally visible posture except UNI showing they were going to move forward with only operational changes.
You can’t force a business to shut down a ride like this just by filing a lawsuit.
 

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