News Guest dies, found unresponsive after riding Stardust Racers

[Fido Chuckwagon]

I have no doubt making changes to the restraint system would get reported, be known to jurors and would probably used in deliberations

You should have some doubts:
1. This is big news in the theme park community sure, but the average juror 5 years from now isn’t going to know or remember anything about this from the news; and
2. This evidence likely isn’t coming in for the reasons stated upthread.

That said this is all academic because this never goes to trial.

 

[Fido Chuckwagon]

It likely won’t ever be filed, if it is then it would not survive a motion to dismiss or a motion for summary judgment. In other words, this will never see a jury.

lol, this may never be filed because they settle, and this almost certainly settles before any trial, but a death on a rollercoaster by blunt force trauma absolutely survives a motion for summary judgment.

 

[Comped]

lol, this may never be filed because they settle, and this almost certainly settles before any trial, but a death on a rollercoaster by blunt force trauma absolutely survives a motion for summary judgment.

Especially in an Orlando area court.

 

[EricsBiscuit]

lol, this may never be filed because they settle, and this almost certainly settles before any trial, but a death on a rollercoaster by blunt force trauma absolutely survives a motion for summary judgment.

Not on these facts it doesn’t. Plaintiff has a weak argument.

 

[Fido Chuckwagon]

Not on these facts it doesn’t. Plaintiff has a weak argument.

You have no idea what the facts are other than the plaintiff died of multiple impact blunt force trauma on a roller coaster.

 

[lewisc]

When I heard a guest died on Stardust I assumed heart attack. A guest didn't heed the warning. Maybe an undiagnosed condition.

I never would have thought blunt force trauma. Definitely not a weak case.

The plaintiff in the MacDonald coffee lawsuit was awarded 2.7 million in punitive damages. The judge lowered it to $480,000
The parties settled for less, rather then go through appeals.

Both parties should be motivated to settle. A large jury award will wind up getting slashed.

 

[Stripes]

Not on these facts it doesn’t. Plaintiff has a weak argument.

Weak arguments survive motion for dismissal and motion for summary judgement all the time.

Sometimes plaintiffs will even lie in an affidavit in order to create a genuine dispute as to a material fact in order to make sure the lawsuit makes it to mediation. The judge can often see right through it, but their hands are tied by the law.

 

[flynnibus]

Not on these facts it doesn’t. Plaintiff has a weak argument.

Weak argument?

There's a dead body on a public amusement. That alone is red carpet access to the court.

Settlement is only a matter of how far each side is willing to push and risk.

 

[Disstevefan1]

Crump will settle out of court, there will be no trial, the family (and Crump) will get money and Stardust will remain open.