Monorail Pilot's Mother Is Suing Disney

[jakeman]

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

That is a good point. I know we do extra stuff at my company that is a silly waste of time that is purely CYA (until that one time we need it).

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

Maybe. That's not the impression that I got. Again that is just an opinion though.

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.

I see your point, but I think there is a line between unecessary and a waste of time.

Solely in my opinion based on the information provided, Disney appears to be complying with all requested. However, regardless of my personal feelings about the company, if that was my kid, I would be following every path I could to amicably ensure that all the facts were available.

I probably wouldn't sue, but I would want everything as offical as possible, and if that included a few court hearings to make sure procedures were being followed then so be it.

Unecessary? Probably. Waste of time? Not if it was my kid.

 

[kashmir]

You must be high on pixie nose dust if you think that Disney plays fair when it comes to potential lawsuits. Especially when the lawsuit is legitimate and they know they're busted.

They'll probably settle out of court like someone else said.

And it seems hard to believe that a Central coordinator would be calling in sick at 2 am. Guess I need to snort more pixie dust like some of you if I want to believe that.

It seems that you talk before you think. The Central coordinator did call in sick, the relief worker was already on a scheduled lunch break off property, and you need not disparage Disney without proof.

 

[kashmir]

I suppose.
:shrug:


It just seems more logical TO ME, and in my opinion for him to have waited until he returned to the workplace.

If that's wrong on my part, then it is. Just how I feel.

Hindsight is always 20/20. Did you think it would be appropriate for the passengers to wait on train 20 minutes or more for the manager to return? Or were you suggesting the Pink monorail should wait that time ahead of Purple on the track?
Just asking...

 

[tony&mistyw]

I have been reading for several days all of the numerous monrail threads and this is all getting a little out of hand I think. It is now known that yes, the CM in tower apparently fell ill, called to his supervisor to be allowed to go home. Permission was given for that CM to do so and his supervisor contacted a replacement to man the tower. The supervisor did this from a restaurant off property on his/her scheduled break via radio. The supervisor them gave radio commands which led to this terrible accident, after he received very bad and wrong information from shop CMs. I do personally believe that the supervisor, tower cm, pink driver,and shop cm could have all contributed to the unfortunate set of events that took place. However, I am not convinced that the blame should be placed on anyone person, these people are definitely dealing with stuff and feelings no one person should have to. I am willing to wait until all official findings are made known and let the investigators do their job, and hope that disney will take appropriate action the fix the problems in the system which led to this very unfortunate accident. I also believe that after reading several post and articles on the accident that disney has taken proper procedural revision's to make sure that these events are very unlikely to happen again. As, far as the lawsuit by the family, they definitely have grounds for a wrongful death suit. However, from everything I have read it seems like they are just asking all evidence be secured and not destroyed. Which with the NTSB, OSHA, and Orange Co. SD investigating I would imagine that all evidence is secure. Yes, Disney should pay all expenses incurred from the funeral, etc. and if Austin's income was helping his family pay the bills so to speak them disney should compensate the family appropriately. If disney feels that people should lose their jobs over this incident, then that is what will happen. However, it is not our call and I believe that we should a go with the facts, stop speculation, and be respectful of the situation and feelings of all those involved. My prayers and condolences go out to Austin's family and co-workers.

 

[EPCOT Explorer]

Hindsight is always 20/20. Did you think it would be appropriate for the passengers to wait on train 20 minutes or more for the manager to return? Or were you suggesting the Pink monorail should wait that time ahead of Purple on the track?
Just asking...

Honestly....I don't know. It would make sense to always have someone ON SITE for backup, though.

 

[jakeman]

Honestly....I don't know. It would make sense to always have someone ON SITE for backup, though.

However, this is an operation that has been performed for 38 years without incident (someone feel free to correct me on that point as it is an assumption). Having someone on sight for a back up at all times for something that is so routine would be like having a paramedic follow you around in case you might choke.

 

[EPCOT Explorer]

However, this is an operation that has been performed for 38 years without incident (someone feel free to correct me on that point as it is an assumption). Having someone on sight for a back up at all times for something that is so routine would be like having a paramedic follow you around in case you might choke.

:lol::lookaroun


I'm sorry, that made me laugh.

That's true. I agree there...But, seeing that it's late, and you have multiple people (and lives!) on a Monorail. More precautions could have been taken.

Then again...20/20 Hindsight.

 

[sublimesting]

Okay, people are making the Denny's thing out to to be a bigger thing than it really is. 1) Central has no real need to be in the Tower. What's really required to do the position is the mental aptitude to keep track of everything that's going on. Depending on circumstances, they might have to be out and about for one reason or another. The CMs on the Concourse platform could have stopped the collision as Central could have if he were in the Tower. 2) If this is the manager I think it is, if he truly was out at Denny's or something (which we don't even know as a fact), he was probably out getting food for Cast Members that hadn't had a break all day, or something to that effect. And at 2 AM! You all are making him out to be some vastly irresponsible, lazy bum who's abusing his authority, and this gentlemen is quite the opposite of that.
He is very, very experienced in Monorails, one of the Company's very best Cast Members, and an awesome guy altogether. None of my fellow Pilots that I've spoken to have blamed him for this AT ALL. So all of you can stop this train of thought right now. You should ashamed for condemning a man like that without knowing the full set of circumstances.

Here's the problem with what you just said: Breaks are required by LAW. No CM should be working all day without a break. Thus no CM should have required someone to get their food at Denny's. Furthermore, the person getting the food should not have been ON DUTY but on a break....maybe he was but if, so , like others said he should have had a back-up in the park. When I leave my post I assign someone to take over.

 

[jmvd20]

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.

Facts have EVERYTHING to do with any type of suit.

You specifically stated that Disney was negligent - twice.

However, we do not know that to be a FACT since the NTSB report has not been released.

Jumping to conclusions prior to all of the facts being known is what I was referring to. You have speculated that Disney was negligent - but that is not a fact at this point in time - it is speculation.

 

[jmvd20]

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

Everytime one gets close to drinking the kool aid a comment like this comes along and hope re-emerges.

Perhaps the art of sarcasm has not been lost yet!

 

[LorangeJuice]

I'm just going to throw this out there. I have very little knowledge about the schedules of the monorail CMs, but without going into speculation about what happened, I think Disney may write into the SOPs that no off-property breaks be taken during track switching periods. Again, this is assuming this would comply with federal laws and the fact that, form what I have gathered on this board, track switching takes place mainly at the beginning and the end of the day with some in the afternoon (I think it was said about 3:00pm) to add trains. Again, feel free to shoot this idea down for logistical reasons. For example, maybe the whole track switching process takes hours or the big holidays (which is unfortunately when this occurred) require breaks to be taken at unusual times...

Keep it clean! Shoot me down, but don't mention any pixie dust!

 

[Gepettotrevor]

Okay, people are making the Denny's thing out to to be a bigger thing than it really is. 1) Central has no real need to be in the Tower. What's really required to do the position is the mental aptitude to keep track of everything that's going on. Depending on circumstances, they might have to be out and about for one reason or another. The CMs on the Concourse platform could have stopped the collision as Central could have if he were in the Tower. 2) If this is the manager I think it is, if he truly was out at Denny's or something (which we don't even know as a fact), he was probably out getting food for Cast Members that hadn't had a break all day, or something to that effect. And at 2 AM! You all are making him out to be some vastly irresponsible, lazy bum who's abusing his authority, and this gentlemen is quite the opposite of that.
He is very, very experienced in Monorails, one of the Company's very best Cast Members, and an awesome guy altogether. None of my fellow Pilots that I've spoken to have blamed him for this AT ALL. So all of you can stop this train of thought right now. You should ashamed for condemning a man like that without knowing the full set of circumstances.

Anywhere you go, there will be managers who still have to "work" on their breaks. If the manager can go to Dennys and still be able to take care of things via radio, I don't see a problem with it. The manager could have been somewhere else on property; such as a breakroom. Regardless, it doesn't matter. He could have been in a million differant places and the unfortionate accident could not have been prevented by him.

If the manager wants to go to Dennys on break, let him go. Mr.Epcot says he is an awesome CM. He was probabily getting food for fellow cast members and maybe something for himself. He was probabily trying to be an awesome manager and take good care of the people he's in charge of. If he can do his job via radio, let him go off property. He probabily isn't responsible for this accident, please quit blaming him untill we have all of the facts. If he had fault in this, he would have been susspended without pay.

Mr.Epcot is a DISNEY CAST MEMBER. I think he would know best in this situation. He knows the CM personally.

 

[kashmir]

Here's the problem with what you just said: Breaks are required by LAW. No CM should be working all day without a break. Thus no CM should have required someone to get their food at Denny's. Furthermore, the person getting the food should not have been ON DUTY but on a break....maybe he was but if, so , like others said he should have had a back-up in the park. When I leave my post I assign someone to take over.

He DID. He contacted a CM and asked to be released...that WAS his responsibility, and he did that. The CMs routinely called for help, apparently.

Maybe someone who works the rails can explain their break procedures...

 

[WDWFigment]

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

Unless the family is very wealthy or foolish, there is a very high probability that the attorneys took this case on a contingency fee basis. The attorneys would have no incentive to run up billable hours on a contingency fee case (quite the opposite, actually).

 

[board57796]

Here's the problem with what you just said: Breaks are required by LAW. No CM should be working all day without a break. Thus no CM should have required someone to get their food at Denny's. Furthermore, the person getting the food should not have been ON DUTY but on a break....maybe he was but if, so , like others said he should have had a back-up in the park. When I leave my post I assign someone to take over.

Mr.Epcot wasn't being literal when he said they had worked all day without a break. It was a long shift though. Up to 12, 14 hours I am sure for some of them. I know I worked a few of those holiday shifts. Disney is strict about us taking our breaks and everyone who worked that night would have had their allotted amount, I can assure that.

And if he was getting food for other CMs it would have been because he is a great Cast Member and would always suprise us at the end of the late night with free food, paid for by himself sometimes, and not because people had forgone their breaks and he had to get them food.

 

[Fashionista007]

Isn't this thread supposed to be about the lawsuit and not placing blame for Austin's death? I think that topic has been over exposed in many different threads. The torch and pitchfork scene from Beauty and the Beast seems very similar to this...:shrug:

 

[TOTGuy]

Okay, people are making the Denny's thing out to to be a bigger thing than it really is. 1) Central has no real need to be in the Tower. What's really required to do the position is the mental aptitude to keep track of everything that's going on. Depending on circumstances, they might have to be out and about for one reason or another. The CMs on the Concourse platform could have stopped the collision as Central could have if he were in the Tower. 2) If this is the manager I think it is, if he truly was out at Denny's or something (which we don't even know as a fact), he was probably out getting food for Cast Members that hadn't had a break all day, or something to that effect. And at 2 AM! You all are making him out to be some vastly irresponsible, lazy bum who's abusing his authority, and this gentlemen is quite the opposite of that.
He is very, very experienced in Monorails, one of the Company's very best Cast Members, and an awesome guy altogether. None of my fellow Pilots that I've spoken to have blamed him for this AT ALL. So all of you can stop this train of thought right now. You should ashamed for condemning a man like that without knowing the full set of circumstances.

Thanks for posting this. I have many friends in Monorails and even being over at the Poly as a former Attractions CM I was really affected by this tragedy. People keep saying this manager was sitting on his @$$ in a restaurant without knowing the full story. Unless you have worked at Disney in any sort of ops related role you should reserve judgement. The media is always going to sensationalize these types of incidents and make us look like a bunch of stupid kids pushing buttons while the managers are community college dropout slobs eating while they should be watching us. I wish they would do a reality show and follow us around so people can see just what we have to deal with. I had a guest make a monorail joke the other day and I told him that it offended me. That shut him up real fast. Sending love to our monorail Ohana. Mahalo, you guys rock!!!

 

[WishIwasThere]

You must be high on pixie nose dust if you think that Disney plays fair when it comes to potential lawsuits. Especially when the lawsuit is legitimate and they know they're busted.

They'll probably settle out of court like someone else said.

And it seems hard to believe that a Central coordinator would be calling in sick at 2 am. Guess I need to snort more pixie dust like some of you if I want to believe that.

Corporations would be in a lot more trouble with people like Attorney Generals if they do try to manipulate or eliminate evidence. Most has already been documented with OSHA and/or NTSB I'm sure.

That is why corporations have insurance...so they can settle out of court. It makes it easier for both sides, not just Disney's.

 

[board57796]

Thanks for posting this. I have many friends in Monorails and even being over at the Poly as a former Attractions CM I was really affected by this tragedy. People keep saying this manager was sitting on his @$$ in a restaurant without knowing the full story. Unless you have worked at Disney in any sort of ops related role you should reserve judgement. The media is always going to sensationalize these types of incidents and make us look like a bunch of stupid kids pushing buttons while the managers are community college dropout slobs eating while they should be watching us. I wish they would do a reality show and follow us around so people can see just what we have to deal with. I had a guest make a monorail joke the other day and I told him that it offended me. That shut him up real fast. Sending love to our monorail Ohana. Mahalo, you guys rock!!!

A guest at the Poly, the day after it happened when the trains weren't running, said something to the effect of "I don't care if someone has died I paid for a Monorail resort and I expect some sort of compensation." :hurl:

I think they are now able to call Security on any Guest who is insensitive towards a CM regarding the incident, and it HAS been done.

 

[WDWFigment]

Corporations would be in a lot more trouble with people like Attorney Generals if they do try to manipulate or eliminate evidence. Most has already been documented with OSHA and/or NTSB I'm sure.

That is why corporations have insurance...so they can settle out of court. It makes it easier for both sides, not just Disney's.

The thing is, people are viewing "evidence" a little narrowly in this case. The documents and reports that the NTSB is reviewing is not the only type of evidence that would be pertinent to litigation on this matter (where there would likely be several different causes of action). There are other documents, not directly related to the collision, that potentially could be destroyed at this time per standard operating protocol (or so would be argued, if it came to that).

This is complex litigation. There is nothing easy about this, even if insurance is implicated (my guess is that this would not, as a corporation Disney’s size likely self-insures anything but excess coverage).