Monorail Pilot's Mother Is Suing Disney

[blackthidot]

Who cares if the manager was off property.

No, it is not illegal for him to be off property. No it is not his fault. No he is not criminally liable.

An accident happened, learn from it - but end this non-sensical blame game. It gets old very quickly. Especially when people can't seem to understand facts, or have common sense...

Exactly but how can we go on living if we dont know who to blame, or why?

 

[durangojim]

I find it interesting that whenever someone "dies before their time" whether it is due to an accident or illness, someone always must be blamed. CMs, physicians, and us here on this board are human. We make mistakes. There was no malice towards the deceased from his fellow CMs, and I'm sure the people involved feel worse and have a greater sense of responsibility than some of the arm chair quarterbacks on this board, but the mob must be satisfied and a sacrificial lamb must be given. I think Disney should pay for the funeral and expenses associated with his death, but what else does the family gain by getting a cash payment? Basically they put a price on their son's head. If the family is serious about finding out what happened and wanting to prevent it in the future they should ensure Disney puts safeguards in place to make sure this can't happen. A series of events occured that caused this death, but to point the finger and blame one person as if it is given that they would have prevented this is silly. I'm tired of seeing a lot of speculation and finger pointing from people who know very little about the accual situation and act if they have never made a mistake in their life.

 

[Monty]

The NTSB is investigating. They are an internationally respected, non-partisan Federal agency with some of the most talented forensic investigators around. Instead of trying to amateur-sleuth the results of their investigation, why can't we just patiently await the real thing?

As for the lawsuit, it is a waste of taxpayers' money, since the NTSB has already gathered all and likely processed most of the available evidence, there would be nothing for Disney or any other party to the incident to destroy. It sounds like an ambulance-chaser has already got to the family. Once the investigation is complete, the family will have everything they need for a lawsuit, should one be warranted by the evidence presented in the final report.

 

[ryguy]

I find it interesting that whenever someone "dies before their time" whether it is due to an accident or illness, someone always must be blamed. CMs, physicians, and us here on this board are human. We make mistakes. There was no malice towards the deceased from his fellow CMs, and I'm sure the people involved feel worse and have a greater sense of responsibility than some of the arm chair quarterbacks on this board, but the mob must be satisfied and a sacrificial lamb must be given. I think Disney should pay for the funeral and expenses associated with his death, but what else does the family gain by getting a cash payment? Basically they put a price on their son's head. If the family is serious about finding out what happened and wanting to prevent it in the future they should ensure Disney puts safeguards in place to make sure this can't happen. A series of events occured that caused this death, but to point the finger and blame one person as if it is given that they would have prevented this is silly. I'm tired of seeing a lot of speculation and finger pointing from people who know very little about the accual situation and act if they have never made a mistake in their life.

Well said Jim. In this situation I can't see the reason for suing for money, and I would be surprised if that happens. Most people go after money for expenses and or compensation for being hurt. Unfortunately when your killed instantly neither apply. On another note, when I am at the Perkins at crossroads I always see cast members eating. I think its pretty common.

 

[unkadug]

I think it would be a good idea for the manager to pass along his authority to someone else (an Assistant Manager maybe) if he is on break or lunch or off property, etc.

If a lifeguard goes on break, he gets someone to watch his post, he doesn't empty the pool/ocean.

 

[Figments Friend]

Wow....this sure has turned into a heated debate....

Folks, i think for all involved we should reserve judgement until more facts are brought to light. All this 'placing of blame' is hurtful for the CM's on here who are trying to deal with this tragety daily while on duty.

I can completely understand the anger that can arise from hearing 'false accusions' from people and the media. It will just add insult to injury...so out of respect for the CM's i would like to suggest we rethink some things before posting.

 

[MyLittleAngels]

I support the family's decision to sue. You don't know their situation. Austin's income may have been a vital part of the family's income. He could have been planning (one day) to take care of his fmaily financially. This is now impossible, due to the negligence involved with the situation.

Suing Disney won't bring their son back, as tragic as that may be, and I do agree that Disney, as the negligent party should pay all the expenses related to the funeral. However, I can see how receiving monetary compensation may be something this fmaily needs.

 

[jmvd20]

I support the family's decision to sue. You don't know their situation. Austin's income may have been a vital part of the family's income. He could have been planning (one day) to take care of his fmaily financially. This is now impossible, due to the negligence involved with the situation.

Suing Disney won't bring their son back, as tragic as that may be, and I do agree that Disney, as the negligent party should pay all the expenses related to the funeral. However, I can see how receiving monetary compensation may be something this fmaily needs.

Yep, lawsuits are the answer to everything...

Especially when one can convict and sentence someone/something prior to all of the FACTS coming out.

Oh, who the heck needs facts anyway... after all most people here are monorail and forensic accident experts...

or so it seems...

Perhaps I am reading too much into this, but the reaction to this incident has cast serious doubts on my faith in the long term viability of western civilization.

 

[MyLittleAngels]

I never said lawsuits were the answer to everything. I simply suggested reasons that a lawsuit makes sense to me.

What do the "facts" have to do with their decision to sue? Their son died, as a result of error, while performing his job on Disney's property. Dispute that fact.

 

[hardcard]

Perhaps I am reading too much into this, but the reaction to this incident has cast serious doubts on my faith in the long term viability of western civilization.

You should definately drink the kool aid and die then.. I mean, whats the point of going on?

With the west coming to an end, lets hope Shanghai Disney gets built a little quicker

 

[Mr.EPCOT]

Since we've still got people talking about Denny's and Perkins and such, I'll quote myself for emphasis:

In speaking with another fellow Pilot just now, it in fact sounds like this manager was out getting pizza for the Monorail Cast Members who had to work this tough holiday. It makes perfect sense to me now, having pizza ready for us at the end of the night was a common practice for strenuous holidays.

And now this guy:

and there is video from the Denny's showing the manager at the time of the accident. The manager is guilty and should be criminal charged and held responsible for the death of Austin.

I flat out don't believe there's a video, and I won't until I've seen it myself, or heard from someone I trust who says they've seen it. 1) I don't think he went anywhere but the pizza place. 2) What would prompt someone to take such a video? 'Oh, there's a guy in a suit, let's take a video of him!' Even with the argument that he was just in the background of someones home movie or something, what are the odds that someone would be doing that at 2 AM in the exact same place at the exact same time to have him in the shot?

I also believe if there was such a video, it would be all over the news, and it hasn't been.


And dude, you should be very, very ashamed of your attitude. You shouldn't be calling for someone's head like that without being privy to all the details of the situation.

 

[WDW_Jon]

Since we've still got people talking about Denny's and Perkins and such, I'll quote myself for emphasis:



And now this guy:



I flat out don't believe there's a video, and I won't until I've seen it myself, or heard from someone I trust who says they've seen it. 1) I don't think he went anywhere but the pizza place. 2) What would prompt someone to take such a video? 'Oh, there's a guy in a suit, let's take a video of him!' Even with the argument that he was just in the background of someones home movie or something, what are the odds that someone would be doing that at 2 AM in the exact same place at the exact same time to have him in the shot?

I also believe if there was such a video, it would be all over the news, and it hasn't been.


And dude, you should be very, very ashamed of your attitude. You shouldn't be calling for someone's head like that without being privy to all the details of the situation.

I agree 100%, there are too many people who 'THINK' they know what has happened and why, it will be resolved one way or another regardless of how you think some people should be punished, imagine if the person who you claim to be responsible was your son / brother / friend........ ? You wouldnt be too happy at people on here saying they were responsible for an accident which caused someones death.

 

[Duckberg]

THE lawsuit

Its never an issue until its YOUR relative Duckberg :brick:

 

[Monty]

A large number of people appear not to have actually read the article. The suit is not asking for money or other compensation. The suit is asking the court to ensure that no evidence is destroyed.

Given that the NTSB is investigating, the suit is a wasted effort as all the evidence has already been collected and is in the process of being examined. Asking the court to protect it is like asking the courts to order the government to protect the gold in Fort Knox from theft... Which is likely why the court refused to expedite the hearing, there's no rush to put a court order in place to do what is already mandated by law. :shrug:

 

[hokielutz]

As has been stated here quite succinctly, the problem was that the switch to the spur line was never made properly thus allowing the accident to happen. It had nothing to do with the manager or where he was monitoring his radio from.

The accuracy of this discussion hinges on having the facts, all of the facts, so why not wait for the NTSB report? Speculation amongst individuals who aren't even CMs, let alone Monorail CMs, isn't worth a hill of beans.

well its pretty apparent after years of history of this message board, that people cannot wait for official facts to come out, and essentially everyone becomes an armchair quarterback.

Its the world we live in with 24 hour news cycles and an internet blogosphere that never sleeps.... and anything that is typed in black and white (or blue, red, purple, magenta, moss green, orange, and aqua marine) is taken as truth and distributed to the masses. It gets to the point that you can't even take the major media outlets as truth until some time has passed to really examine events, because everyone is so pressed to scoop the other news sources.

The accident is tragic and is of course a major news story for what happens in Disney. I just hope people can reserve their judgment until all of the facts are known and sorted out.

 

[jakeman]

A large number of people appear not to have actually read the article. The suit is not asking for money or other compensation. The suit is asking the court to ensure that no evidence is destroyed.

Given that the NTSB is investigating, the suit is a wasted effort as all the evidence has already been collected and is in the process of being examined. Asking the court to protect it is like asking the courts to order the government to protect the gold in Fort Knox from theft... Which is likely why the court refused to expedite the hearing, there's no rush to put a court order in place to do what is already mandated by law. :shrug:

While more than likely unnecessary, just a quick skimming of this thread shows some of the perceptions of how a big corporation will cover up accidents.

All it takes is one person to put a bug in her ear to that effect to start a ball like this rolling.

Is it necessary from a legal standpoint? Probably not. Would this bring the family some piece of mind that the facts will be protected? Probably so.

I don't think what they are asking for is unreasonable, just redundant for the reason you have described.

 

[WDWFigment]

While more than likely unnecessary, just a quick skimming of this thread shows some of the perceptions of how a big corporation will cover up accidents.

All it takes is one person to put a bug in her ear to that effect to start a ball like this rolling.

Is it necessary from a legal standpoint? Probably not. Would this bring the family some piece of mind that the facts will be protected? Probably so.

I don't think what they are asking for is unreasonable, just redundant for the reason you have described.

It might actually be more necessary from a legal standpoint for her attorney to protect himself against a future (potential) malpractice claim.

 

[hardcard]

The manager had the right to be on break and off property but he had no right to be giving instructions to a maintence worker over the radio. They should have kept monorail pink active until the manager returned. and there is video from the Denny's showing the manager at the time of the accident. The manager is guilty and should be criminal charged and held responsible for the death of Austin.

What the hell man? The manager isn't allowed a dinner break? Don't make it sound like he was at the restaurant for 3 hours.. He was there during his dinner break.. I shoot off instructions to other employees of my company ALL THE TIME over my phone when I am away from the office.. It happens in EVERY field of work..

Some people seem to be having trouble grasping that he was NOT in the wrong for being away from property.. You aren't required to pack a lunch in a GI JOE lunch box and bring it to the tower with you......I mean really, are you that ignorant?

 

[Monty]

It might actually be more necessary from a legal standpoint for her attorney to protect himself against a future (potential) malpractice claim.

Or her attorney unnecessarily running up their "billable hours"...

 

[fosse76]

While more than likely unnecessary, just a quick skimming of this thread shows some of the perceptions of how a big corporation will cover up accidents.

Let's not forget Arthur Anderson, who's attorney sent out an email in advance of an investigation reminding employees of the Firm's document retention policy. It was clear she wanted employees to shred documents, since truckloads of paper were shredded before a court halted it.

I disagree that this is a waste of time. This is often necessary, even if there is a Federal investigation...by an agency with no authoritative control over what the Company does with the evidence. While it is illegal to destroy evidence, administrative agencies have no authority to order the preservation of eveidence.

The motion was denied most likely because the Court believed that Disney was already complying with preservation, which needed a hearing to prove it.