Here it goes... Family sues Disney over April accident

mrbghd

Member
A few weeks ago while driving down the freeway I hydroplaned and spun out of control and into another lane and was hit by another car. Thankfully I was Ok, but my car was totaled and the car that hit me had very little damage.
I’m saying all this to say this, I was hit by the other car and because it was me that went into the other lane I was at fault. I cannot sue the other driver. My heart goes out to the family but sometime we are fault and have to come to realize it.
:shrug:
This is not an accurate analogy. This is apples to oranges.

If for some reason the tires you bought were a flawed design that the manufacturer knew about you could sue them. Or if the highway was designed negligently causing water to pool and therefore vehicles to hydorplane their could be liability.
 

mrbghd

Member
Accidents are just that really, some truly don't have anybody to blame. They're just that.

Actually there are no such thing as "accidents" as far as vehicle collisions are concerned. Police refer to them as collisions, insurance refer to them as collisions, and the court refers to them as collisions.

FYI, thanks to you I have been immersed in DOT regs.:D
 

Tom

Beta Return
I'm suing the family for making me read yet another thread about people suing Disney.

In all seriousness, I feel bad for....the bus driver. He shouldn't have to waste his life in a courtroom, especially since he was already cleared of any wrongdoing. I hope Disney covers every penny of his costs, and reimburses him for lost wages while he sits in a court room like poor Tigger.
 

miles1

Active Member
The sad part is that PR-wise, Disney will loose no matter what happens. If they defend themselves, they're dragging the "poor" family through a long and painful trial, denying them closure (and compensation). If they settle out of court, they're corporate monsters that murdered the child and tried to hush it up.

Unfortunately we cannot accident-proof the world.
 

TimNRA757

Member
Original Poster
Actually there are no such thing as "accidents" as far as vehicle collisions are concerned. Police refer to them as collisions, insurance refer to them as collisions, and the court refers to them as collisions.

FYI, thanks to you I have been immersed in DOT regs.:D
That's very true. Things were simpler though back in the day (way before my time) as far as people just being accountable and apologizing and trying to make something right.

And LOL ha! DOT regs are nothing compared to the FAR's (Federal Air Regs). If you really want some fun reading see: http://ecfr.gpoaccess.gov/cgi/t/tex...rgn=div5&view=text&node=14:2.0.1.3.10&idno=14

:D
 

Phonedave

Well-Known Member
That's very true. Things were simpler though back in the day (way before my time) as far as people just being accountable and apologizing and trying to make something right.

And LOL ha! DOT regs are nothing compared to the FAR's (Federal Air Regs). If you really want some fun reading see: http://ecfr.gpoaccess.gov/cgi/t/tex...rgn=div5&view=text&node=14:2.0.1.3.10&idno=14

:D

There are (almost) no accidents in the company I work for either.

We teach zone control driving. You should be able to notice the impending danger and act accordingly to avoid a collision. Or you should have never placed yourself in that position in the first place.

About the only case when it is not our fault is when you are legally stopped and you get rear ended. I have been in to collisions with company cars. Both when I was stopped at an intersection with cars ahead and somebody decided to drive into the back of me.

-dave
 

PhilharMagician

Well-Known Member
Below is the original article explaining the accident. I am hearing all of this about how Disney is responsible for this boy being killed? This kid lost control of his bike with a low inflated tire and struck the side of the bus and was run over by the rear wheels. The bus driver may not have even known this happened until he felt it. According to the story the boy was riding along side of the bus and lost control and fell into the bus. I am wondering if the kids were racing on their bikes trying to keep up with the bus and the one lost control.

Kids 9 & 11 being left alone riding their bikes while the parents go shopping?? I personally woudn't even do that at home let alone in a resort on vacation.

I can see it now, Disney will have to put railings or guard rails along all sidewalks because people cannot be liable for their own actions. :brick:In many locations riding a bike on the sidewalk is illegal. Bikes should only be riden on the road while following motor vehicle laws. Sidewalks are for pedestrians.



Boy killed in Disney bus accident in Fort Wilderness

Officials said the 9-year-old died at the scene.

April 02, 2010|By Bianca Prieto, Jason Garcia, Walter Pacheco and Willoughby Mariano, Orlando Sentinel
A Disney bus struck and killed a 9-year-old St. Petersburg boy Thursday afternoon while he was riding a bicycle with a friend in the Fort Wilderness campground at Walt Disney World, authorities said.
Florida Highway Patrol Sgt. Kim Montes said the bus hit Chase Brubaker on Big Pine Drive, a two-lane roadway that loops around the 750-acre campground, at about 1:35p.m.
The children, both of whom were wearing helmets, Montes said, were riding on a sidewalk, north of a paved pathway that leads to a pool and tennis courts at the resort. But the boy apparently crossed into the road and struck the side of the bus.

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He was pulled under the vehicle and run over by the right rear tire, Montes said. He was pronounced dead at the scene.
"The physical evidence shows that the little boy hit the side of the bus," Montes said at an afternoon news conference at Disney World.
It's not clear whether the bus driver saw the boy or why the boy left the sidewalk, she added.
The boy's friend, an 11-year-old girl, was not hurt. Troopers said they were interviewing her Thursday afternoon, although she was said to be extremely distraught.
Authorities initially said the boy was 10 years old.
Preliminary reports show the children were not accompanied by an adult, Montes said. They were riding their own bicycles.
"We are deeply saddened about what happened and are doing everything we can to provide resources and support to the family," Disney World President Meg Crofton said at the same news conference. She said she extended her "deepest sympathies" to the boy's family.
Montes said 28 passengers were inside the Disney bus at the time of the accident, and none of the passengers was injured.
A woman who was aboard the bus with her daughter but would not give her name said she saw the boy riding alongside the bus. She said he fell, and then she heard "two thumps."
The woman said she did not think the bus driver ever saw the boy.
"I don't think it was his fault," she said.
Fort Wilderness guest Barbara Mayer of Chicago said she was also told that bus could not avoid the child.
"It's a terrible thing," she said. "You put yourself in the place of the family."
Authorities said bus driver David Rich stopped immediately after the accident. Disney said Rich, 56, has more than 30 years' experience in Disney World's transportation department. It was not known how many of those years have been spent driving buses.
 

mrbghd

Member
Below is the original article explaining the accident. I am hearing all of this about how Disney is responsible for this boy being killed? This kid lost control of his bike with a low inflated tire and struck the side of the bus and was run over by the rear wheels. The bus driver may not have even known this happened until he felt it. According to the story the boy was riding along side of the bus and lost control and fell into the bus. I am wondering if the kids were racing on their bikes trying to keep up with the bus and the one lost control.

Kids 9 & 11 being left alone riding their bikes while the parents go shopping?? I personally woudn't even do that at home let alone in a resort on vacation.

.

Here is the problem: this is a newspaper article and not a complete finding of facts. That is what courts are for. It may not be that Disney is responsible for the death, it may be that they could have prevented it. The newspaper reports do not provide every single relevant fact as to the events of that day.

I am not taking a position as to whether this suit has merit or not because we (all of us) do not have all of the facts.

I agree with you about not leaving kids unsupervised on vacation like this case.
 

TimNRA757

Member
Original Poster
I don't take tne news as truth either but with well over 30 credible witnesses, physical evidence and a detailed published FHP report I think it's pretty safe to say it's on the kid.
More importantly if it was any way at all possible to blame Disney, the media around here would be doing that LOL.
 

WDWmazprty

Well-Known Member
I don't take tne news as truth either but with well over 30 credible witnesses, physical evidence and a detailed published FHP report I think it's pretty safe to say it's on the kid.
More importantly if it was any way at all possible to blame Disney, the media around here would be doing that LOL.


Ditto! And how on earth could Disney have prevented it? The kid was riding next to the bus, where he wasnt supposed to be, and unsupervised. Sorry.

I feel bad that he died and that the parents have suffered a loss. But ultimately, its on them, bad parenting.
 

BwanaBob

Well-Known Member
Again, as I said before, easy to say until you are the one burying your child.
It's easy for me to say because of my faith and what I have experienced already.

I won't elaborate lest I give the mods one more reason to shut this thread down.

It's funny... when I think of the reasons why I would never be placed in this family's situation, I see that I never would have let my kids ride off alone in the first place. I guess it all comes down to the values and responsibility I feel I have as a parent, and what message it sends to others about my actions as an adult.
 
I don't take tne news as truth either but with well over 30 credible witnesses, physical evidence and a detailed published FHP report I think it's pretty safe to say it's on the kid.
More importantly if it was any way at all possible to blame Disney, the media around here would be doing that LOL.
How do you know that each eye witness is credible? Credibility cannot be determined based on a newspaper article.

Besides, the only passenger interviewed said that she did not "think" that the bus driver saw the boy, and the police officer stated that it was not clear whether or not the driver saw the boy. Based on the limited statements available, it seems that the parents of the boy, and the boy himself may have exercised poor judgment in the events leading to his death.

The problem is that, based on all of the information currently available, it is IMPOSSIBLE to determine whether or not negligence, no matter how small, on the part of Disney and/or the bus driver contributed to the death of the boy. It is ignorant and arrogant to assume that the parent plaintiffs are merely passing blame or seeking to cash in on their son's death, without knowing all of the fact. Moreover, it is foolish to blame the lawyers simply because they provide the expertise and resources to not only inform, but also to advocate for individuals within the legal system.

I'm surprised that this thread hasn't been locked.
 
It's easy for me to say because of my faith and what I have experienced already.

I won't elaborate lest I give the mods one more reason to shut this thread down.

It's funny... when I think of the reasons why I would never be placed in this family's situation, I see that I never would have let my kids ride off alone in the first place. I guess it all comes down to the values and responsibility I feel I have as a parent, and what message it sends to others about my actions as an adult.
Sooooooooooo arrogant. Do you keep your kids on a leash?
 

JillC LI

Well-Known Member
Well it's big and heavy so I'd say it's design is flawed. Just like a small plane crash a while back where everyone who had a part in that plane was sued, including the manufacturer of the seats.

The fact that something existed does not mean it had a design defect. A bus is intended to be big and heavy. However, if it was designed in a way such that the brakes would not work when pressed quickly, that would be a design flaw. Likewise, if airplane seats were designed such that the bolts holding them in place were not strong enough to prevent them from flying around the airplane in cases of heavy turbulence, that would also be a design flaw. If a crash victim does not know whether his injury was caused by faulty brakes or faulty seats, he is entitled to sue all possible responsible parties and get discovery to find out. Once the facts show a particular party not to be liable, that party will be able to get dismissed from the lawsuit. This is how our legal system works. It is not perfect, but none better has yet been found.
 

BwanaBob

Well-Known Member
Sooooooooooo arrogant. Do you keep your kids on a leash?
No arrogance meant.
Why do you think I'm being arrogant? I'm sorry if my post came across that way.

No I don't keep my kids on a leash.
I try to instill in them responsible behavior. All I'm saying is I wouldn't have let them ride their bikes while the rest of my family was in the resort somewhere else.
 

musketeer

Well-Known Member
Sooooooooooo arrogant. Do you keep your kids on a leash?

I was trying to think of something to say like this, and this is pretty much exactly what I was thinking.

I guess I don't understand how letting your 9 year old ride a bike unsupervised has anything to do with values. I rode a bike unsupervised younger than 9, it doesn't mean my parents didn't have good values or were irresponsible. Bad things happen, the kid was in the wrong place at the wrong time, that doesn't mean his parents were terrible.

Maybe they trusted him a bit more than they should have, maybe he had demonstrated that he can be trusted before, and maybe he just had a distraction at the wrong moment.
 

TimNRA757

Member
Original Poster
How do you know that each eye witness is credible? Credibility cannot be determined based on a newspaper article.

Besides, the only passenger interviewed said that she did not "think" that the bus driver saw the boy, and the police officer stated that it was not clear whether or not the driver saw the boy. Based on the limited statements available, it seems that the parents of the boy, and the boy himself may have exercised poor judgment in the events leading to his death.

The problem is that, based on all of the information currently available, it is IMPOSSIBLE to determine whether or not negligence, no matter how small, on the part of Disney and/or the bus driver contributed to the death of the boy. It is ignorant and arrogant to assume that the parent plaintiffs are merely passing blame or seeking to cash in on their son's death, without knowing all of the fact. Moreover, it is foolish to blame the lawyers simply because they provide the expertise and resources to not only inform, but also to advocate for individuals within the legal system.

I'm surprised that this thread hasn't been locked.
Credibility is established by FHP, not what some media report says and yes FHP interviewed more than just a few people. In Florida the report is public record, feel free to pay the fee for it if you want but I'll just go by what the news says because I think they're at least capable of just regurgitating what an accident report says.

FHP released its final report into the crash on Monday, ruling the driver of the Disney bus was not at fault.

The report says the driver, 56-year-old David Rich, saw the boy riding his bike along the sidewalk and told investigators he "...didn't see D-1 (Chase Brubaker) operating the bicycle in a careless or reckless manner."

The driver also told FHP investigators, "As he passed the child, he heard a bang and stopped the bus... He looked into the mirror and saw the child lying on the ground."
Now that's part of the report from the media but it points out what a driver said. The driver himself said it appeared not to be careless but we can infer for reasons unknown the boy somehow turned into the bus and that was reiterated by both guests on the bus and off.
But sue a bus driver and make him get up on that stand to have to live those moments over again in his head, it's cool as long as you're thinking you'll get a little bit of cash.
 

WDWmazprty

Well-Known Member
No arrogance meant.
Why do you think I'm being arrogant? I'm sorry if my post came across that way.

No I don't keep my kids on a leash.
I try to instill in them responsible behavior. All I'm saying is I wouldn't have let them ride their bikes while the rest of my family was in the resort somewhere else.


I hear ya! Dont see where the arrogance would be :shrug:.

Common sense, dont leave your kid alone while you go shopping, partying, whatever; even in Disney! Would the accident still have happened if the parents were there, maybe.

It sucks the incident happened, but unless the bus driver was driving recklessly, he wasn't doing anything out of the ordinary, he was driving his bus. The kid was riding next to the bus, a place where he shouldnt have been riding.
 

BwanaBob

Well-Known Member
I was trying to think of something to say like this, and this is pretty much exactly what I was thinking.

I guess I don't understand how letting your 9 year old ride a bike unsupervised has anything to do with values. I rode a bike unsupervised younger than 9, it doesn't mean my parents didn't have good values or were irresponsible. Bad things happen, the kid was in the wrong place at the wrong time, that doesn't mean his parents were terrible.

Maybe they trusted him a bit more than they should have, maybe he had demonstrated that he can be trusted before, and maybe he just had a distraction at the wrong moment.
I never said, nor insinuated any of this.


What I'm saying is, knowing the area in which they were riding, and if my family was on vaca in WDW, I wouldn't have approved of them riding their bikes there.

...and if something bad happened, I wouldn't seek reparation.
 

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