Disneyland sued over fatal accident on ride

[speck76]

LOS ANGELES, Oct 5 (Reuters) - The Walt Disney Co. (DIS.N: Quote, Profile, Research) was sued on Tuesday by the family of a man who died on a Disneyland ride last year, and by four other passengers injured in the derailment of the Big Thunder Mountain Railroad ride.
The three separate lawsuits, filed in Orange County Superior Court, seek unspecified general and punitive damages for the death of 22-year-old Marcelo Torres and injuries suffered by other passengers in the Sept. 5, 2003, accident.

The lawsuit accuses Disney of failing to provide enough training for ride operators and of cutting costs so deeply that maintenance on rides has been dangerously neglected.

The suit says Big Thunder Mountain operators were afraid to take the train out of operation, even after hearing unusual noises, because of an "atmosphere of intimidation" created by Disney management.

In a statement, Disney said it had "offered a fair and just settlement and it's regrettable that the plaintiffs have resorted to making false charges."

"The safety of our guests and cast member has always been our top priority, and Big Thunder Mountain was reopened only after it was found by the state to be safe for operation, and after verification that all corrective actions and retraining had been fully completed," the statement said.

The ride, designed to look like a runaway train, split apart as it entered a tunnel near the end of its track, and the rear cars came crashing down upon the front cars, according to Torres' lawsuit. Ten people were injured in the crash.

The force of the impact crushed Torres, pinned his body to the seat and bent the safety railing of the car behind him, the lawsuit said.

His best friend, Vicente Gutierrez, was beside him in the front car and suffered serious injuries, including broken ribs, facial injuries and lost teeth.

Gutierrez, 22, has filed a separate personal injury suit against the Magic Kingdom, said his attorney, Wiley Aitken.

The third lawsuit was filed by a family who sat in the car behind Torres and Gutierrez and who suffered minor injuries and emotional trauma, Aitken said.

"This train came apart because the maintenance department put it back in operations with one key bolt not tightened and the safety wire ... not placed on the bolt," Aitken said. "Incredibly poor maintenance caused his death."

Big Thunder Mountain, which began operating in 1979, has been shut down two more times since the Sept. 5, 2003, death due to accidents.

In April, two trains without passengers slammed into each other, an accident blamed on operator error.

In July, three passengers were injured and sent to the hospital after two trains collided in the loading area. It reopened at the end of August.

 

[netenyahoo]

This will be an interesting case because Disney has admitted to the maintenance problems.

 

[LouDisney]

I was just watching this story on the news.

 

[barnum42]

It's fair to say that these suits were inevitable. Given the details of the accident report I don't think Disneyland management has the proverbial leg to stand on.

I guess the only unknown is how many others will jump on the "emotional trauma" bandwagon.

 

[FanofDinsey1981]

Last I heard, there was inconclusive evidence in the case, and no one really knew exactly how it happened. now the lawyer is saying that the ride fell apart before the accident? perhaps I am a bit confused as to what really happened.

 

[xfkirsten]

Last I heard, there was inconclusive evidence in the case, and no one really knew exactly how it happened. now the lawyer is saying that the ride fell apart before the accident? perhaps I am a bit confused as to what really happened.

No, there was conclusive evidence. Read CalOSHA's final report on the incident, Disneyland was at fault on poor maintenance.

 

[stranger]

This will be an interesting case because Disney has admitted to the maintenance problems.

I expect Disney to try for a quick settlement. They would rather settle than put themselves in a long, costly lawsuit since Dosh and Disney have admitted the accident being Disney's fault.

 

[RU42]

I expect Disney to try for a quick settlement. They would rather settle than put themselves in a long, costly lawsuit since Dosh and Disney have admitted the accident being Disney's fault.

Quote: In a statement, Disney said it had "offered a fair and just settlement and it's regrettable that the plaintiffs have resorted to making false charges."

They already tried that and the people are going for more money. I wonder what the amount was that Disney considered 'fair' after their failure in maintenance which resulted in a death.

RU

 

[FanofDinsey1981]

They already tried that and the people are going for more money. I wonder what the amount was that Disney considered 'fair' after their failure in maintenance which resulted in a death.

RU

but at the same time, you can't put enough money down to bring someone back, and no life is worth any amount of money. It is a tragedy, but at the same time, trying to profit off of a brothers or husbands death? My ideas on this always tend to be this. Give enough to cover the funeral bills. give enough to cover one year of the persons income. Help the family out with bills for a year. something like that. maybe enough to cover court costs, time lost due to the tragedy.

Perhaps I am coming from the angle where I understand at anytime it could be our time. and that I do take a slight risk going on these rides, includingdisney, carnival rides, or even six flags rides.

 

[speck76]

but at the same time, you can't put enough money down to bring someone back, and no life is worth any amount of money.

I am sure most lawyers would disagree (esp since they get 50%).

If life truely is "priceless", than how does one explain "a Jury of our peers" awards tens of millions of dollars to people in cases like this. No amount of money is going to bring the depart back to life. I can understand awarding enough money to take care of expenses (funeral, counceling, and if the departed was the head of household, living expenses...) but some of the awards are absurd.

 

[RU42]

As with most things in life, balance is the key.

I disagree with the 1 year principle. That family is deprived of a son, husband, and father. Not trying to be sexest, but the male is normally the bread winner for the family. This accident took 50 years of income (pulling a number out of my hat) away from that family. Even a modest $30K a year translates to $1.5 million. If my wife and 2 kids suddenly lost me; they would be up a creek without a paddle. I am in income for the house. My loss would bring a financial devistation upon my family. We must keep in mind this was a negligent homicide - a wholly preventable death. We are not talking about an earthquake or a robber. We are talking about sloppy procedures with poor training and inadequate budgeting.

The emotional costs are staggering for all involved. My son wouldn't have a dad to play catch with. My daughter would not have a dad to give her away at her wedding. Then all the other special times that would be ripped away due to the negligence of Disney. How do you put a cost on not being able to wipe away the tears of your children when they hurt.

Then on top of that you penalize a company for putting people's life at risk. I suppose that is to make others think twice about cutting corners or the same company from cutting corners again.

When you blow it on this scale, you should pay. This wasn't some clown climbing over a restraint. It was a person enjoying a roller coaster.

With all that said, some awards are truely absurd. I would like to think that Disney was forthright in their settlement amount. My guess, and only my opinion, some lawyer is seeing $$$$$$ and wants to go for the largest payoff ever. This court case is not IF Disney is at fault. This court case will be about how much a lawyer can fleece Disney and fatten his pockets; all in the name of his/her client.

What I would like to see is a constitutional admendment that lawyers cannot profit extremely off anothers death. Put a cap on it - that money belongs to the family, not the blood sucker. And I would like to see those in positions that made those decisions pay - all the way up to Mr Eisner himself. Yea, I know, a pipe dream.

I hope no one takes this as an attack on their position. Just my thoughts on a highly emotionally charged matter.

The real sad part - once the dust settles who will really pay. That would be the Disney fan in the form of higher prices. That is why I think the people responsible (Eisner-ish) should be personally liable for a portion of the penalty. But then again that would take integrity and the willingness to accept personal responsibility. Something in short supply in corporations lately.

RU

 

[FanofDinsey1981]

As with most things in life, balance is the key.

I disagree with the 1 year principle. That family is deprived of a son, husband, and father. Not trying to be sexest, but the male is normally the bread winner for the family. This accident took 50 years of income (pulling a number out of my hat) away from that family. Even a modest $30K a year translates to $1.5 million. If my wife and 2 kids suddenly lost me; they would be up a creek without a paddle. I am in income for the house. My loss would bring a financial devistation upon my family. We must keep in mind this was a negligent homicide - a wholly preventable death. We are not talking about an earthquake or a robber. We are talking about sloppy procedures with poor training and inadequate budgeting.

The emotional costs are staggering for all involved. My son wouldn't have a dad to play catch with. My daughter would not have a dad to give her away at her wedding. Then all the other special times that would be ripped away due to the negligence of Disney. How do you put a cost on not being able to wipe away the tears of your children when they hurt.

Then on top of that you penalize a company for putting people's life at risk. I suppose that is to make others think twice about cutting corners or the same company from cutting corners again.

When you blow it on this scale, you should pay. This wasn't some clown climbing over a restraint. It was a person enjoying a roller coaster.

With all that said, some awards are truely absurd. I would like to think that Disney was forthright in their settlement amount. My guess, and only my opinion, some lawyer is seeing $$$$$$ and wants to go for the largest payoff ever. This court case is not IF Disney is at fault. This court case will be about how much a lawyer can fleece Disney and fatten his pockets; all in the name of his/her client.

What I would like to see is a constitutional admendment that lawyers cannot profit extremely off anothers death. Put a cap on it - that money belongs to the family, not the blood sucker. And I would like to see those in positions that made those decisions pay - all the way up to Mr Eisner himself. Yea, I know, a pipe dream.

I hope no one takes this as an attack on their position. Just my thoughts on a highly emotionally charged matter.

The real sad part - once the dust settles who will really pay. That would be the Disney fan in the form of higher prices. That is why I think the people responsible (Eisner-ish) should be personally liable for a portion of the penalty. But then again that would take integrity and the willingness to accept personal responsibility. Something in short supply in corporations lately.

RU

I completely understand where you are coming from, and I was simply trying to put out an idea, not exacts. the only reason I said 1 year is the thought that it would give 1 year for the family to find their footing, and for parties involved to figure out a plan. I would hope that this family can find a way to survive for the next 50 years without the income they thought they had coming.

Also, I understand the emotional side of it as well, but there has to be a cap of some sort. Like I said, you cannot put a price on love, affection, and not having a parent there. And I understand that Disney should pay something, but at the same time, it happens. It is unfortunate, but at the same time, expecting NOTHING to ever go wrong is insane. rides break down, rides malfunction, and there is always human error in everything. That being said, Idon't think disney is off the hook by any imagionation, and I think this will hopefully be the kick in the pants needed for stricter guidelines and training.

I guess to put it in some kind of perspective...DisneyLand and Disney World (as well as all of the overseas disneys) have had only a few accidents, and even fewer deaths. Millions of people have gone through the doors, with little or no incidents.

Other parks, such as Six Flags Great America, have also had deaths on rides, due to several different reasons, yet people go back. I guess it should be greatly understood by those climbing aboard that these are not perfect machines, and there is a possiblity of something happening. It is unfortunate, but in this day in age when the envelope is pushed because people want higher, bigger, and faster rides, we tend to forget about the numerous safety checks day in and day out that go into these rides. one slip up one day can have bad results. It is unfortuante, but it happens.

sorry, I think I rambled a bit.

 

[RU42]

I hear what you are saying. I guess what gets me on this one is that this was more then an accident. a mechanical breakdown. It was a 2 step failure, negligent oversight.

Take the cleat coming off the Columbia a couple years back. As far as I can remember, that was a freak accident. This accident seems more, I don't know, preventable or maybe senseless is the word I am looknig for.

And I agree 100%, hopefully this is a nice kick in the pants. Shave some salary off Eisner and you can hire lots of new mechanics.

RU

 

[FanofDinsey1981]

I hear what you are saying. I guess what gets me on this one is that this was more then an accident. a mechanical breakdown. It was a 2 step failure, negligent oversight.

Take the cleat coming off the Columbia a couple years back. As far as I can remember, that was a freak accident. This accident seems more, I don't know, preventable or maybe senseless is the word I am looknig for.

And I agree 100%, hopefully this is a nice kick in the pants. Shave some salary off Eisner and you can hire lots of new mechanics.

RU

exactly. and you made a great point, it is those who travel to the parks that will ahve to endure the costs, assuming the settlement is extremely high.

 

[ScrapIron]

I hear what you are saying. I guess what gets me on this one is that this was more then an accident. a mechanical breakdown. It was a 2 step failure, negligent oversight.

Take the cleat coming off the Columbia a couple years back. As far as I can remember, that was a freak accident. This accident seems more, I don't know, preventable or maybe senseless is the word I am looknig for.

And I agree 100%, hopefully this is a nice kick in the pants. Shave some salary off Eisner and you can hire lots of new mechanics.

RU

In the five months before the 1998 accident, operators sent at least three requests for maintinence to repair loose cleats on the Columbia. The work was done since those requests were marked "safety isuue", but the CMs reportedly felt that average work requests were ignored. In early Dec. 1998 CMs noticed a loose cleat and rotting wood but did not report it, with one CM saying "normally they aren't repaired".

The morning of the accident, the CM on the dock had never been trained on the Columbia. When the accdent occurred, the Columbia came into the dock too fast, and the untrained on that attraction CM didn't know not to throw the rope under those conditions.

They had also switched from natural fiber ropes that would break under those conditions to synthetic ones that would not. It could have certainly been predicted that this could be a problem, because a cleat tore off a Sub in 1997 and went flyng over guest's heads. Fortunately, that didn't hit anyone.

The above info is from "More Mouse Tales". I'm also going to address the myth that accidents are rare, because they're not as rare as many think. What is different is that they're more likely to be known by more people now because of cell phones, the internet and, in Cal, stricter reporting laws that were the direct result of the Columbia incident, particularly after Disney cleaned the area and didn't even notify the police, who were not on scene until 5 HOURS after the incident which they only heard about from paramedics. Following are some quotes from "More Mouse Tales":

Big Thunder: "Computer malfunctions have caused collisions." "At least once a tow bar seperating two cars seperated, sending a car flying off the track-with guests inside."

Space Mtn: "During space Mtn's first year, the system constantly malfunctioned....other times, the computer might misread a rocket's location, and send a second train of cars crashing into it from behind."

Matterhorn: "If a sled wasn't heavy enough...to make it out of certain dips and would stall, rocking back and forth until the next sled rearended it." "...six lawsuits the first year, Disney settled them all." "The park took to court one of five Matterhorn related suits the next year, and lost." "So, all along the track, the park added speed pacers...Afterwards, the park averaged about one rearending suit every two years."

I'm not posting this to alarm, or to claim that any attractions are death traps. But, especially on some DL boards, people act like accidents never happened prior to Sept. 2003, and that is simply not the case. It was prophetic that the book, published in 1999, quotes a BTMRR operator as saying "Big Thunder is a high tension ride. If you do something wrong, somebody can get killed."

And I'll be stunned if this current case makes it to court. Historically, the Mouse does everything they can to prevent a trial if they feel they will lose, and they will definitely lose this one. A suit being filed does not mean they will stop tryng to settle.

Cheers.