Is your attorney a general "family" attorney or a litigation specialist. There is a huge difference. I specialize in litigation. There does not need to be "gross" negligence in a case like this that involves business invitees. I don't have a tv commercial and I do a large amount of civil litigation, typically against medium to large corporations. Based on what is available to the public, I would at the very least have considered taking this case. I would consult with some experts I know and trust and get a feel for whether or not I felt the case had merits.
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Here it goes... Family sues Disney over April accident
- Thread starter TimNRA757
- Start date
Is your attorney a general "family" attorney or a litigation specialist. There is a huge difference. I specialize in litigation. There does not need to be "gross" negligence in a case like this that involves business invitees. I don't have a tv commercial and I do a large amount of civil litigation, typically against medium to large corporations. Based on what is available to the public, I would at the very least have considered taking this case. I would consult with some experts I know and trust and get a feel for whether or not I felt the case had merits.
Tom
Beta Return
On the flip side, let's say this bus driver is completely and undeniably innocent in this specific case. He's being drug into court and will likely incur significant legal fees to defend himself against something he may not even be remotely guilty of.
The fees could bankrupt him personally. If he's innocent, should he really have to pay to defend himself? No.
Of course in this situation, he was on the clock so Disney and/or the union will cover his expenses, but what if he was just Joe Everyman driving around town, like PhoneDave? Anyone can take anyone to court at any time. Nobody should have to pay to defend themselves against something that should have never ended up in court.
Honestly, almost every large corporation in America as well as the wealthy would support this. And so would most high level litigators. I would shift my focus to business clients and would make a ton. I would have an unlimited budget at my disposal and would be allowed by the company to do anything to win. So we have just given carte blanche to companies to be as negligent as they wish because nobody would ever sue them due to fear of losing and being bankrupted!
Make no mistake, based on what is available I do not think the driver is in anyway at fault. He will most likely be removed from the suit at some point before it proceeds. (this is due to rules regarding filing and such). If it truly does not "deserve" to end up in court, it will be dismissed. This is why I am waiting to see Disney's anwer to this complaint.
A case deemed frivolous should flat out be tossed to where it doesn't even hit a trial, and in most cases that does happen but we've seen some judges rule a case has merit. (One that comes to mind like this is the family's of 9/11 victims suing Boeing and the airlines.)
And that's where something like this provision should come into play. Of course now you could sue whoever it is for pay but you'll still never recover 100% of all your lost money.
Wilt Dasney
Well-Known Member
And this is probably the best (if imperfect) way we have of shielding defendants from unreasonable lawsuits...combined with provisions that allow the exonerated to recoup some of their costs through countersuits.
I do agree that it's unfair for an average citizen to have to pay to defend himself if he's found innocent, but I think a 100% loser pays policy would be an awful solution. As pointed out earlier, it would make the richest people and companies in this country immune to any civil litigation...unless they happened to screw over somebody as rich as themselves who could afford the risk of losing to their hired guns.
puntagordabob
Well-Known Member
Hope this case is Dismissed.
Mouse Detective
Well-Known Member
1) First of all, at least in Florida, very few judges ever dismiss a case as being frivolous. They hate the high risk of being overturned on Appeal. They'd rather just let a jury decide the merits.
2) We do have a "loser pays" system in Florida, to some extent. Either side in a case can file something called a "Proposal For Settlement". It's an amount of money offered formally to the opposing side to settle the case. Once filed, it is valid for 30 days. If it is not accepted, it expires. At that point, if the side that filed it beats the Proposal by 25%, they're entitled to their attorney's fees from the losing side. As an example in our case here, let's say Disney files a Proposal for Settlement to the plaintiff for $10,000. It is not accepted so it expires. The case goes to trial and the jury only awards the boy's $2000 funeral bill. The verdict is well below 25% less than the Proposal. Any verdict below $7500 makes Disney the winner and the loser has to pay Disney's attorney's fees from the date forward from when that Proposal expired. (The judge and jury never knows what Proposals either side filed.)
3) As a practical matter in this case, the plaintiff is an Estate of a young child. It has no assets. So Disney being awarded attorney's fees against the Estate means nothing to the mother who is in charge of the estate. She really has nothing to lose but hopes to get a settlement somewhere along the way. And that's what this suit is all about.
4) This is why you carry auto liability insurance; should you be sued because of an auto accident, whether you're at fault or not, your auto insurance company will pay to defend you.
Why? That would be like me saying I hope you get thrown out of the parks forever. I have no vested interest in whether you are in the parks or not. And I don't know the background and facts of your situation. I am just judging by what the public knows and that is your post here. You DO NOT KNOW all the facts so let the system handle it.
That is your opinion. But if you have some specific articulable facts to prove your point please share. Also, if you have such information please forward to the agency that is resposnible for attorney discipline in Florida, as such practice is a violation of the rules of conduct.
Wow, I thought this thread was done but now I have something to add.
I did some research now and really can't find a case like this that is as well documented where someone has gone off the sidewalk into a vehicle. Yes there are other such cases but they just weren't that interesting to the media I guess so there was never that much of a follow up. I think the real issue I'm having is, if there is some liability on the part of Disney, I guess any accident on a road could be the fault of the road owner along with whoever is driving?
I did some research now and really can't find a case like this that is as well documented where someone has gone off the sidewalk into a vehicle. Yes there are other such cases but they just weren't that interesting to the media I guess so there was never that much of a follow up. I think the real issue I'm having is, if there is some liability on the part of Disney, I guess any accident on a road could be the fault of the road owner along with whoever is driving?
Why would he need to know all of the facts to hope the case is dismissed? I could say I hope the Canadiens lose their hockey game, but it wouldn't warrant my getting thrown out of Phillips Arena the next time they play the Thrashers......
Wilt Dasney
Well-Known Member
All due respect, mate, but I think that's exactly the point. Legal cases shouldn't be observed with the same tribal emotionalism that people use when they're watching sports.
All due respect, mate, but I think that's exactly the point. Legal cases shouldn't be observed with the same tribal emotionalism that people use when they're watching sports.
No, but we're not trying this case in this forum either.....
mp2bill
Well-Known Member
I second this idea. I hate that everybody in America is so sue-happy. Sadly, they'll probably get a settlement just so that WDW can avoid the negative press.
mhaftman7
Well-Known Member
While I do feel for the family, I am wondering who was in there ear to get this whole thing started. I lost a loved one to an auto accident where the defendant was clearly at fault, but technicalities prevented her from getting more than a speeding ticket.
I do not know all the facts, and I doubt that any of us ever will, but unless it was without a doubt negligence on Disney's fault, why would the family want to rehash all the details over weeks or months. They should be remembering all the good times they had with their child.
Personally, I would never have let my child go off by himself. You are on a FAMILY VACATION. You should be with your FAMILY. I hope that whatever the parents were doing while their child was alone, scared, in pain, and dying, was worth it.
I have a feeling that ulitmately Disney will settle out of court and the family will receive vacation club accounts, free trips, etc. Meanwhile, none of that will bring back their child and the rest of the Disney enthusiasts will pay the real cost. My children are my world and while I will fight for everything they want or need, they are my responsibility and I would never let them be alone in a place they are not 200% familiar with.
I do not know all the facts, and I doubt that any of us ever will, but unless it was without a doubt negligence on Disney's fault, why would the family want to rehash all the details over weeks or months. They should be remembering all the good times they had with their child.
Personally, I would never have let my child go off by himself. You are on a FAMILY VACATION. You should be with your FAMILY. I hope that whatever the parents were doing while their child was alone, scared, in pain, and dying, was worth it.
I have a feeling that ulitmately Disney will settle out of court and the family will receive vacation club accounts, free trips, etc. Meanwhile, none of that will bring back their child and the rest of the Disney enthusiasts will pay the real cost. My children are my world and while I will fight for everything they want or need, they are my responsibility and I would never let them be alone in a place they are not 200% familiar with.
flavious27
Well-Known Member
Sad for the family, but if they let the kid ride a broken bike, this was going to happen.