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

[Phonedave]

I feel for the bus driver. I was in almost the exact same position as him. While I did not kill a child, I did hit one with my car.

It was the same sort of scenario. I was driving (safely) and a child who should not have been doing what he was doing (developmentaly disabled 8 y/o riding a bike unsupervised without a helmet) shot out between to parked cars.

The dozen or so witnesses said they had told the kids in the area to stop riding their bikes like that, and that an accident was only a matter of time. The police also stated it was the kids fault. I felt really bad for the kid, until the foster parents (he was a foster child) turned around and slapped me with a $1M lawsuit.

Having only $150,000 in liability, that meant I had a potential personal exposure of $850,000. Looking at the pospect of being in debt for the rest of your life is not fun, and it took away any sort of compassion I had for the kid's foster parents.

-dave

 

[bgraham34]

I feel for the bus driver. I was in almost the exact same position as him. While I did not kill a child, I did hit one with my car.

It was the same sort of scenario. I was driving (safely) and a child who should not have been doing what he was doing (developmentaly disabled 8 y/o riding a bike unsupervised without a helmet) shot out between to parked cars.

The dozen or so witnesses said they had told the kids in the area to stop riding their bikes like that, and that an accident was only a matter of time. The police also stated it was the kids fault. I felt really bad for the kid, until the foster parents (he was a foster child) turned around and slapped me with a $1M lawsuit.

Having only $150,000 in liability, that meant I had a potential personal exposure of $850,000. Looking at the pospect of being in debt for the rest of your life is not fun, and it took away any sort of compassion I had for the kid's foster parents.

-dave

Wow Dave I can't imagine the stress you must have gone through.

 

[devoy1701]

I feel for the bus driver. I was in almost the exact same position as him. While I did not kill a child, I did hit one with my car.

It was the same sort of scenario. I was driving (safely) and a child who should not have been doing what he was doing (developmentaly disabled 8 y/o riding a bike unsupervised without a helmet) shot out between to parked cars.

The dozen or so witnesses said they had told the kids in the area to stop riding their bikes like that, and that an accident was only a matter of time. The police also stated it was the kids fault. I felt really bad for the kid, until the foster parents (he was a foster child) turned around and slapped me with a $1M lawsuit.

Having only $150,000 in liability, that meant I had a potential personal exposure of $850,000. Looking at the pospect of being in debt for the rest of your life is not fun, and it took away any sort of compassion I had for the kid's foster parents.

-dave

I couldn't imagine! I hope that the situation has worked itself out!

 

[007mickey]

I agree with DisneyInsider...I don't know about bringing closure to the matter by suing, this may actually make things worse for the parents to have all sorts of things thrown back at them.

 

[BwanaBob]

It's lawsuits like this that cause Disney to do things like put lap bars on Splash Mountain, and pointing fingers on Haunted Mansion.

Its lawsuits like these that drive prices up at the parks...without being able to make internal changes towards employee pay, upgrades or guest benefits.


Forgive.
Learn.
Make a difference.

Stop pointing fingers.

 

[floridabill]

of course.

Walt Disney World failed Chase Brubaker and caused his death by neglecting to design a road safe
yes because he was the only biker and child to ever use that road it the 30 plus years that camp ground has been open..

 

[fosse76]

So the child and by extension the parents have already been proven to be at fault and they're STILL going to sue? I hope this gets thrown out fast.

I really wish you people had a real understanding of our court system before making baseless claims regarding the merits of a lawsuit. Are you privy to ALL the facts? And simply because Disney wasn't CRIMINALLY liable, they most certainly CAN be CIVILLY liable.

I don't know the facts or merits of the case. Neither do any of you. You have no right to judge the parents as money-hungry opportunists. THIS is EXACTLY what our Court system is designed for. The Courts exists to determine the TRUTH of a particular matter. This is how it is supposed to work. Who are YOU to say it is frivolous.

Is it Disney's fault he is dead? Technically, yes. It was a Disney bus that killed him. The issue is to what extent is Disney liable for the death. Did they create the conditions that lead to this? And that can be measured any number of ways. That isn't for YOU or for ME to decide. That's the issues for a jury. And even if the family loses, that doesn't necessarily make them wrong for filing.

Also, keep in mind, that there is a statute of limitations to file any court action. Often times suits might be filed as a way to preserve the matter for court so that an action CAN be brought. Perhaps the family suspect that the investigation was wrong, or don't trust the results. The only way to get more information IS to file a suit so they can initiate discovery. We don't know the motives. Is it possible the family is exploiting their son's death? Yes, of course. But that alone still doesn't make this suit frivolous.

 

[joel_maxwell]

It's really easy to say all the things that have been said in this thread...until you're the one who lost their kid.

It is really sad that the parents cant come to terms with either their negligence or the unfortunate realities of life.

I have lost a family member to an "unfair" uncontrolled event so I know the feeling of having no one to blame and the hard road of excepting what happen as life. Im no better than they are but I didnt sue anyone.

 

[TimNRA757]

I really wish you people had a real understanding of our court system before making baseless claims regarding the merits of a lawsuit. Are you privy to ALL the facts? And simply because Disney wasn't CRIMINALLY liable, they most certainly CAN be CIVILLY liable.

I don't know the facts or merits of the case. Neither do any of you. You have no right to judge the parents as money-hungry opportunists. THIS is EXACTLY what our Court system is designed for. The Courts exists to determine the TRUTH of a particular matter. This is how it is supposed to work. Who are YOU to say it is frivolous.

Is it Disney's fault he is dead? Technically, yes. It was a Disney bus that killed him. The issue is to what extent is Disney liable for the death. Did they create the conditions that lead to this? And that can be measured any number of ways. That isn't for YOU or for ME to decide. That's the issues for a jury. And even if the family loses, that doesn't necessarily make them wrong for filing.

Also, keep in mind, that there is a statute of limitations to file any court action. Often times suits might be filed as a way to preserve the matter for court so that an action CAN be brought. Perhaps the family suspect that the investigation was wrong, or don't trust the results. The only way to get more information IS to file a suit so they can initiate discovery. We don't know the motives. Is it possible the family is exploiting their son's death? Yes, of course. But that alone still doesn't make this suit frivolous.

The problem with that is we're all the ones who end up paying for these courtroom shenanigans. If we had a system where the losing party is responsible for all cost including court time and the other party's legal fees then be my guest! Bring on all the crazy lawsuits you have. But when any company has to pay for defending themselves we all suffer. Jobs and benefits get slashed and prices go up.

 

[sublimesting]

Is it Disney's fault he is dead? Technically, yes. It was a Disney bus that killed him. {/QUOTE]

Technically, no. Just because a Disney bus was involved does not mean they are at fault. That's like saying Smith and Wesson is at fault because someone uses one of their guns to shoot someone.

 

[ryguy]

I will say this as a general comment not to get involved about who is right or wrong. Ft. Wilderness is a dangerous place, especially for children. Its dark, the roads are narrow, there is a lot of traffic. Different types of traffic than most people are used to in there everyday life. Golf carts, busses, horses, bikes. I always tell anybody who is staying there to use more caution just because there are a lot of distractions. When I was there in May I saw two teenage boys flip a golf cart goofing around. They flipped it right in the middle of the road. They thought it was funny, but they were lucky, golf carts are dangerous and what if a bus or car was coming. It happens that quick.

 

[sublimesting]

This really really angers me that not only are they going after WDW but the individual driver. Apparently the life of your child is worth less than some of that money you're hoping to make.

I agree. I do fell bad for the family but look at what they are suing for:

the Brubaker family is also suing the man who was driving the bus.

Disney's negligent behavior caused the crash. They claim Walt Disney World failed Chase Brubaker and caused his death by neglecting to design a road that would keep him safe from harm.
"They created a foreseeable zone of danger where they knew children and pedestrians would be," said Karen Terry, the Brubaker family's attorney.
That foreseeable zone of danger is along Big Pine Road inside Disney's Fort Wilderness Resort and Campground.
Court documents claim Brubaker was killed because the sidewalk is too close to the road - OK, so now sidewalks now don't belong beside roads?!? Thousands of people have safely traveled that sidewalk and road for years. How does one incident make it a "forseeable danger zone"? Also, aren't we taught to NOT ride bikes on sidewalks?
the bus wasn't properly maintained, - What failed on the bus I wonder where maintenance could have been an issue? Certainly not the breaks. Fact is, the bike itself was not properly maintained.
the driver wasn't given enough breaks? - So a well-rested driver would have not permitted a child to hit the side of the bus?

And they are suing the driver? These are all somewhat contradictory to each other really. Was the bus not properly maintained or was the driver not being safe....or was Disney suppossed to specially design a road where this could never happen under any circumstances? Any time you are along a road safety is an issue.

 

[BwanaBob]

It is really sad that the parents cant come to terms with either their negligence or the unfortunate realities of life.

I have lost a family member to an "unfair" uncontrolled event so I know the feeling of having no one to blame and the hard road of excepting what happen as life. Im no better than they are but I didnt sue anyone.

(...for truth)

 

[Dads 2 Boys]

So because the parents of the kid are completely irresponsible, they're suing Disney? Gee, whoda thunk?

Ding, ding, ding. You hit it right on.

I know for one, I would never let my 9 yr old ride his bike by himself in a completely unfamiliar area to him; especially a potentially busy area. IMO, this is a joke and an excuse for them to not take responsibilty.

This is a horrible tragedy and can't fathom losing a child but........my mother has lost 2 and both due to accidents and didn't sue anyone. So I've seen what it can do to people and my mother went thru he!!. However just because parents are distraught, it doesn't give them an excuse for their actions of blaming others for what happened.

 

[PhilharMagician]

Got to love this lawsuit happy country. I can't imagine they are looking for 15K - 20K to cover burial it is got to be well into the millions. We went through something similar a few years back and it was not good.

 

[Tigger1988]

Is it Disney's fault he is dead? Technically, yes. It was a Disney bus that killed him. The issue is to what extent is Disney liable for the death. Did they create the conditions that lead to this? And that can be measured any number of ways. That isn't for YOU or for ME to decide. That's the issues for a jury. And even if the family loses, that doesn't necessarily make them wrong for filing.

If you bothered to read the article (or the many written when the accident occurred) you'd know that the cause of the accident was the boy's BIKE. One that he shouldn't have been riding on in the first place.

People have been walking along and riding bikes along that road without incident for decades, the sidewalk is not magically too close to the road now.

 

[fosse76]

If you bothered to read the article (or the many written when the accident occurred) you'd know that the cause of the accident was the boy's BIKE. One that he shouldn't have been riding on in the first place.

People have been walking along and riding bikes along that road without incident for decades, the sidewalk is not magically too close to the road now.

We're taalking about the cause of the death. Not the cause of the accident. Two very different things. The monorail also operated death-free for decades, that doesn't mean they operated it properly. And I wasn't aware that a newspaper article was the final finding of fact. Silly me. Why even have a court system when people like you think everything in the paper must be what happened. You can be the sole trier of fact and save the tax payers billions!

 

[TimNRA757]

We're taalking about the cause of the death. Not the cause of the accident. Two very different things. The monorail also operated death-free for decades, that doesn't mean they operated it properly. And I wasn't aware that a newspaper article was the final finding of fact. Silly me. Why even have a court system when people like you think everything in the paper must be what happened. You can be the sole trier of fact and save the tax payers billions!

God forbid a deer ever jumps out in front of you because there's really hardly anyone to sue over that. You could try the state that maintains the road I guess.

 

[Buried20KLeague]

I'm not sure what I would do if I were in their shoes.

Often times, the only way to get all the facts out on the table (and I mean EVERYTHING) is in a court of law. I could see, as a father, feeling like I maybe wasn't getting the whole and complete truth, or that I maybe felt like they were covering up "this" fact or "that" fact to avoid casting a negative light... Add to that the fact that I probably wouldn't be thinking completely rationally due to grief...

I could see why someone would sue.

Or maybe the motivation is to try to ensure changes get made to make sure something like this doesn't happen again.

I don't know. I don't know the motivation behind why the parents are doing what they're doing. And I certainly don't think anyone should condemn them for what they're doing until we DO know. If we ever do. I think we all expected this... And it's happening. We should wait to see the result.

 

[Dukeblue1227]

We're taalking about the cause of the death. Not the cause of the accident. Two very different things. The monorail also operated death-free for decades, that doesn't mean they operated it properly. And I wasn't aware that a newspaper article was the final finding of fact. Silly me. Why even have a court system when people like you think everything in the paper must be what happened. You can be the sole trier of fact and save the tax payers billions!

So then every family member of a person who has ever died from smoking cigarettes can sue the Tobacco company because the almighty CAUSE OF DEATH is the cigarettes and even though it's quite distinct and obvious that smoking will kill you; it doesn't matter because THE CAUSE OF DEATH was the cigarettes?

Or if I drink 100 beers a day and I have liver failure... well my cause of death is liver failure CAUSED BY DRINKING 100 BEERS A DAY!!!!! CAUSE OF DEATH!!! So... I better go sue the Coors company for making beer...

How about I eat only Big Macs from McDonalds for the next 10 years... and then die of a massive coronary attack and my family can sue Mcdonalds because my CAUSE OF DEATH is the McDonalds franchise I so neglegently elected to only eat from for 10 years

Or we could just do this... you could drop this sarcastic, a-hole attitude you've brought in here for absolutely no reason, jump on down from your self-appointed high horse... and realize it's people like you that make McDonalds put "the contents of this cup are hot" on the coffee lids because you'd sue if you ever spilled a hot coffee on yourself.

No one ever said a newspaper article was the FINAL FINDING A FACT...

But guess what buddy, when a newspaper article points out THE FACTS of a case AS DICTATED BY THE OFFICIALS WHOSE JURISDICTION THE CASE FALLS INTO... Yep, that's what you call FACT.

I guess if I watch a baseball game and see Ortiz hit a 2-run homerun and then read in the paper the next day he hit a 2-run homerun I BETTER NOT BELIEVE IT TO BE TRUE BECAUSE THEN THAT MUST MEAN I IMMEDIATELY WANT TO BE A GM AND COULD SAVE MILLIONS OF DOLLARS BY BEING SOME ALMIGHTY GOD.

You made the flatout worst argument in the history of the world, and I politely request you to apologize for being so absurdly rude to the person you were rude to with absolutely no warranted reason for doing so.