Monorail Pilot's Mother Is Suing Disney

[durangojim]

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.

I hate to say it, but that guest has a bit of a point. If someone expected to be able to use the monorail, and it isn't working for whatever reason, Disney should compensate them somehow. I'm not say a free room but maybe a gift card, or some free stuff.

 

[KeeKee]

I hate to say it, but that guest has a bit of a point. If someone expected to be able to use the monorail, and it isn't working for whatever reason, Disney should compensate them somehow. I'm not say a free room but maybe a gift card, or some free stuff.

As long as they are provided other means of transportation, it would be tough to make a case for personal damage.

 

[board57796]

I hate to say it, but that guest has a bit of a point. If someone expected to be able to use the monorail, and it isn't working for whatever reason, Disney should compensate them somehow. I'm not say a free room but maybe a gift card, or some free stuff.

I agree they should be provided other transportation (they were.) The part that made me sick was that they said something to the effect of "I don't care if someone died."

 

[Mikieboy84]

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!!!

well said!

 

[Mikieboy84]

I hate to say it, but that guest has a bit of a point. If someone expected to be able to use the monorail, and it isn't working for whatever reason, Disney should compensate them somehow. I'm not say a free room but maybe a gift card, or some free stuff.

No they don't. You're not paying for perfection. Things happen and I'm sure people are doing the best they can. That kind of remark is TOTALLY out of line, insensitive and a sign of bad character. If I were in charge they wouldn't get so much as a free glass of tap water. The customer is always right can only go so far...people are unbelieveable. As a former restaurant manager near Lincoln Center I can attest to people's sense of entitlement making me sick to my stomach on a regular basis. Get over it and enjoy your trip, stop looking for freebies and letting the little things ruin your day.

 

[Phonedave]

Just a question for those who know the FACTS - no speculation.

I have not seen this answered.

EXACTLY what information is avaiable to Central in the Tower that is not available elsewhere (be it at a Perkins, in the break room, on the platform, or anywhere else)

Is there detailed telemetry that is displayed in the Tower? Is there a commutator panel? Is there camera feeds? Anything ?

Just a simple question to try and gather some factual information. (how refreshing)

-dave

 

[hansel1]

I don't know if this has been asked or even answered but wouldn't this whole accident fall under florida's worker's compensation laws?

If this happened in other states, I don't beleive that the mother would have recourse other than what is available for a scheduled injury to the son.

Clearly there is an employer/employee relationship between the deceased and disney. If there were human errors made, it would have been made by disney employees.

I'm not familiar with florida laws but I don't see a theory of liability on disney outside of worker's comp.

 

[Monty]

I don't know if this has been asked or even answered but wouldn't this whole accident fall under florida's worker's compensation laws?

If this happened in other states, I don't beleive that the mother would have recourse other than what is available for a scheduled injury to the son.

Clearly there is an employer/employee relationship between the deceased and disney. If there were human errors made, it would have been made by disney employees.

I'm not familiar with florida laws but I don't see a theory of liability on disney outside of worker's comp.

As yet there's no indication that the family intends to litigate for any form of compensation.

 

[WDWFigment]

I don't know if this has been asked or even answered but wouldn't this whole accident fall under florida's worker's compensation laws?

If this happened in other states, I don't beleive that the mother would have recourse other than what is available for a scheduled injury to the son.

Clearly there is an employer/employee relationship between the deceased and disney. If there were human errors made, it would have been made by disney employees.

I'm not familiar with florida laws but I don't see a theory of liability on disney outside of worker's comp.

Negligent hiring, negligent monitoring of employees, etc. (these don't necessarily work--it depends upon how the statute is written and subsequent case law interpreting it). There normally are plenty of potential ways to plead around the worker's comp statute, as long as you carefully draft your pleading to avoid it. While most of the time a court might rule that worker's comp is the sole remedy, careful pleading at least avoids summary judgment, and the real value of this case is in settlement, anyway.

 

[HMF]

Oh No.

 

[durangojim]

As yet there's no indication that the family intends to litigate for any form of compensation.

Yet.

Hopefully I'm just being cynical.

 

[MyLittleAngels]

You have speculated that Disney was negligent

Enough information has already been released by the NTSB (in articles via the Sentinel) to say Disney is at fault. That's not speculation. They have already stated the accident occurred because the maintence worker didn't actually switch the track, and the manager okayed pink moving b/c he was informed the spur was in position (which clearly it wasn't). The only person NTSB hasn't laid any blame on so was was the pilot of pink. These are facts, via the NTSB preliminary report, courtesy of the Orlando Sentinel. There is no speculation here. Disney *IS* at fault.

 

[durangojim]

Just a question for those who know the FACTS - no speculation.

I have not seen this answered.

EXACTLY what information is avaiable to Central in the Tower that is not available elsewhere (be it at a Perkins, in the break room, on the platform, or anywhere else)

Is there detailed telemetry that is displayed in the Tower? Is there a commutator panel? Is there camera feeds? Anything ?

Just a simple question to try and gather some factual information. (how refreshing)

-dave

Good question, this could be very similar to a physician taking call from home or WDW (which I have done).

 

[Figments Friend]

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!!!

And i thank YOU for posting this ! This says it all really, and i said a similar thing in another thread realted to the topic.

A reality show based on employment at WDW..hmmm..now THAT would be something to see. I doubt Disney would allow it to be made however....

...you know how 'sensitive' they can be about revealing too much 'behind the Magic' type things....

 

[WDWFigment]

It's interesting to see how many people in this thread suggest that we aren't equiped to judge the monorail employees' actions because we don't know the full story nor do we work as monorail employees, so we don't have the proper basis to make any determinations (statements with which I agree).

Yet, when it comes to speculating on the law, we have plenty of "armchair lawyers" who feel fit to make legal conclusions, etc.. How is that any different? It's not as if practicing law is somehow easier than managing a monorail crew, yet it's seemingly okay for outsiders in one instance to speculate on how the occupation works, yet it's not in another.

 

[unkadug]

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?

My issue is with policy. If you are in a job that put the safety and lives of others at sake then, when you leave your post, there should be a changing of the guards (so to speak) if your are leaving the premises.



I'm not saying the Manager is at fault but policy IS.

 

[board57796]

My issue is with policy. If you are in a job that put the safety and lives of others at sake then, when you leave your post, there should be a changing of the guards (so to speak) if your are leaving the premises.



I'm not saying the Manager is at fault but policy IS.

Are you referring to the sick coordinator of the Manager? The Manager, before the Central Coordinator got sick, was never acting as Central, and he left the property under the assumption that he had "no" responsibilities while he was on his lunch. It wasn't until he was actually off property that the other coordinator radioed to be sent home, and the Manager appointed another Coordinator to act as Central right away, with the Manager being Central in the interim. It could have been a matter of a minute or two.

 

[unkadug]

Are you referring to the sick coordinator of the Manager? The Manager, before the Central Coordinator got sick, was never acting as Central, and he left the property under the assumption that he had "no" responsibilities while he was on his lunch. It wasn't until he was actually off property that the other coordinator radioed to be sent home, and the Manager appointed another Coordinator to act as Central right away, with the Manager being Central in the interim. It could have been a matter of a minute or two.

Did the accident happen in this "minute or two" time period?

 

[zulemara]

Are you referring to the sick coordinator of the Manager? The Manager, before the Central Coordinator got sick, was never acting as Central, and he left the property under the assumption that he had "no" responsibilities while he was on his lunch. It wasn't until he was actually off property that the other coordinator radioed to be sent home, and the Manager appointed another Coordinator to act as Central right away, with the Manager being Central in the interim. It could have been a matter of a minute or two.

and during that minute or two, no track switching should have been approved. It should not have been approved until central was in position and on duty

 

[going2oahu]

I don't blame the mom at all, and I can see just about any reasonable jury awarding a large wrongful death payment. My bet is, however, that this will be settled very quietly before it ever goes to trial.