Mother of Monrail Pilot files Civil Suit

[jt04]

I can't even imagine why they would want a jury trial in Orlando. While Disney fans love Disney and can't imagine not having a soft spot for the company, the truth is that many Floridians do not like Disney and wouldn't mind sticking it to the company. Throw in sympathy for the mother and the fact that Disney was clearly in the wrong and you're right: What the heck are they thinking?

I wouldn't pass judgement without hearing the evidence. And most people would approach it that way. For all we know it was a deliberate ignoring of the rules by an employee(s) and if the existing rules were followed would not have resulted in the accident.

Something about this case seems off. I'm waiting to hear all the evidence.

 

[jakeman]

Something about this case seems off. I'm waiting to hear all the evidence.

I believe all of that is available in the OSHA report.

 

[spock]

We had checklists at Six Flags, too. They were done in the morning before the park opened and in the afternoon right before shift-change. If even ONE box was checked "no", the ride had to be closed, though depending on the seriousness of the issue can be exempted by the supervisor. And even those checklists become so routine as to create room for error.

Six Flags actually has a much better safety record than Disney. Most of Six Flags' injuries are do to situations where the guests themselves were at fault (such as standing up on rides, etc), and very few situations involving anything mechanical. While that's true of most accidents at Disney as well, they have a higher number than Six Flags of situations where the park itself was at fault.

 

[Tom]

Six Flags actually has a much better safety record than Disney. Most of Six Flags' injuries are do to situations where the guests themselves were at fault (such as standing up on rides, etc), and very few situations involving anything mechanical. While that's true of most accidents at Disney as well, they have a higher number than Six Flags of situations where the park itself was at fault.

Are you comparing actual numbers or ratios? Six Flags is obviously much smaller than Disney, so their numbers will be smaller.

 

[jt04]

I believe all of that is available in the OSHA report.

I'd be suprised if that is the only documentation submitted. Most court cases are not cut and dry. Both sides will have their positions. Which is why I am waiting to hear the evidence.

That is all I have to say about. Posting on such a sad tragedy that some here harbor shadenfreude over because they don't like Disney makes me depressed. Not talking about you of course.

 

[spock]

Being offsite is not as big of a deal as people on hear seem to want to make of it. One does not need to be onsite to be able to dispatch trains.

Well obviously they do, otherwise we wouldn't be having this conversation would we???

 

[spock]

Are you comparing actual numbers or ratios? Six Flags is obviously much smaller than Disney, so their numbers will be smaller.

It was based on a report I saw online about a year or so ago (I'll try and see if I can find it and post it). It was a list and explanation of individual accidents at each individual park. What I found disturbing was the fact that Disney had a higher number of accidents due to mechanical issues, where that was pretty much non-existent at all of the Six Flags parks.

 

[ErickainPA]

Someone else looking for blood money.

The whole thing is tragic and the Disney workers were negligent and irresponsible, but no amount of money will bring him back.
Just another case of someone trying to fill their pockets.

Sorry but you are ignorant. The expense alone of losing her son can NEVER be compensated. She had to bury her son, well you have no idea what a funeral costs these days. (I had to help my mom with arrangements for my grandmother when she passed and I needed to stay in a tight budget which is tough. Then I know exactly what my mom spent just 7 weeks later to bury my dad. We are talking over $18k in less than 2 months time, no time to get the life insurance money fast in order to pay those bills either) I had to bury my daughter, had the funeral home not charged us for her funeral, we would be owing at least $3000. Not to mention the cemetery cost, you don't expect your child to die before you so the costs can come very unexpectedly at you. I can understand the slight delay in why it's just coming to light now, she had to come to the realization that this all happened and all the costs that came with it.

I feel bad for pink pilot to have to live with knowing what happened to this kid. As well as the mother who will never see her son, daughter-in-law or grandchildren.

 

[googilycub]

Well obviously they do, otherwise we wouldn't be having this conversation would we???

Again, the being offsite means nothing. One can get distracted and mess up anywhere. As said before, I dispatch for a living, working out of an office in Chicago and run trains in several different states. Give me proper equipment, a radio and a piece of paper, and I could do it anywhere. That would include a Perkins if need be...

 

[googilycub]

Dispatching trains is one thing. Telling them it's safe to proceed through a switch and continue on, without stopping, all the way to the roundhouse without actually knowing that the switch had been thrown is another.

I don't think he had a "train sheet" or even a laptop connected to the WDW Monorail Control System at Perkins (but I don't know this for sure).

Granted, the guy who was supposed to throw the switch, and thought he did, but didn't really - he holds a TON of blame. But when it comes to authorizing a move that could result in life or death, your responsibility is to be 100% certain that everything is in place for the move to take place successfully.

Whoever ACTUALLY told Purple that he was clear to reverse through the switches and continue all the way to the garage is at (some) fault, because they had absolutely no proof that it really was safe.

I'm sure it's changed, but SOP should provide that the person making the final call for a train to make an unprotected (i.e. MAPO off) and blind (i.e. driving backwards) move should be sitting in front of a wall of monitors showing him all the switches in play, and a track layout showing where all trains currently are in the system.

I don't work in the railroad industry, but I also have common sense. Their SOP contained no common sense, or so it appears.

Dispatching trains IS authorizing movement, that is all that it is. What needs to be changed is allowing to shove a train with no protection. With cabs on either end, there is no excuse for not having someone on the point.

 

[Tom]

Dispatching trains IS authorizing movement, that is all that it is. What needs to be changed is allowing to shove a train with no protection. With cabs on either end, there is no excuse for not having someone on the point.

True. Serious, serious flaw in the system.

 

[Tom]

Again, the being offsite means nothing. One can get distracted and mess up anywhere. As said before, I dispatch for a living, working out of an office in Chicago and run trains in several different states. Give me proper equipment, a radio and a piece of paper, and I could do it anywhere. That would include a Perkins if need be...

"Proper equipment" being the key words. I'm willing to bet the guy at Perkins had no more than a radio, which I would not consider the complete arsenal of "proper equipment" needed to clear a train for a reverse move through a supposedly thrown switch.

But as others have correctly pointed out, there should have been a driver in the newly "forward" cab; it should have stopped for further clearance at the TTC rather than being cleared all the way from the Epcot loop to the garage (which I understand was SOP); they should have never written it into SOP that you override your only fail-safe system to travel for a mile in reverse; the person responsible for throwing the switch should also have a visual on the switch itself (either via dedicated spotter or video); and there should be a fool-proof checklist that must be completed before any train can move through a thrown switch.

 

[Tigger1988]

It was based on a report I saw online about a year or so ago (I'll try and see if I can find it and post it). It was a list and explanation of individual accidents at each individual park. What I found disturbing was the fact that Disney had a higher number of accidents due to mechanical issues, where that was pretty much non-existent at all of the Six Flags parks.

Six Flags has/had their own share of serious issues, including the deaths of 8 teens trapped in a burning Haunted Castle. Great Adventure in particular has had many serious accidents (some deadly), the park was at fault for nearly every one.

 

[mp2bill]

Wow. I hadn't seen those OSHA pics.

Yeah, even though there's not any depiction of any injuries, those are some rough pics.

 

[peachykeen]

It is being implied that the manager was violating a rule by being at Perkins and also directing trains. At the time of the accident there was NO RULE saying that the person acting as Central had to be in the tower. Central could be anywhere as long as they had the radio with them. That was the policy. Does that make it the right policy? No. But does that make it the managers fault that he was gone? No.

The regular Central coordinator had gone home sick unexpectedly, and the manager offered to fill in for him for a FEW MINUTES until the other coordinator that was qualified could make it into the area and get the radio. The manager was ALREADY on his lunch break and was given the Central duties while he was gone. He didn't leave property thinking "Oh it will be fine, I can control the trains from dinner." He had no clue he would even be acting as the controller until he was already gone. It was in the few minutes between the original central leaving and the replacement getting up to the area that the accident happened.

Can any of you imagine if you all worked somewhere and you did something that, at the time, was perfectly acceptable, and then something horrible happens, and the company changes the rules and then makes you look like it was completely your fault?

The fact that the shop person (Who called in that the switch had been moved) is saying he would have reported the manager "if he had known" is ridiculous. Central coordinators were in and out of the tower all day and that was known by all. The shop person is just trying to dodge the blame.

Same thing with the driver of Pink. He should have paid closer attention and realized SO many things weren't normal during that switch that are really too complicated to explain here.

Trust me, if any of you had this manager as your own, you would count yourselves lucky to know him. He is a wonderful person, and he and Austin got along well. The whole situation makes me sick, but especially the fact that the manager is now being completely thrown under the bus, so to speak. Yes he directed the trains to move, but it was based off of the word of the shop worker, who has more detailed information in front of him that the person in the central tower does anyway!

Does Austin's mom deserve to get something from Disney? Yes of course. But I don't think placing all the blame on the manager is the right way to go about it. He was just doing what he was told was SOP.

 

[Bairstow]

I don't think Wuennenberg cares nor needs to care exactly whose fault it was. Respondeat Superior, after all.

 

[Mouse Detective]

It is being implied that the manager was violating a rule by being at Perkins and also directing trains........

Which is is a good example of why people on here should not be giving opinions about fault when they don't know all the facts.

Respondeat Superior, after all.

Yes, to the extent that the "at fault" parties are Disney employees, Disney itself will be held responsible. The individual employees who may be at fault will not be, since they are protected by Workmans Comp immunity.

 

[HMF]

The individual employees who may be at fault will not be, since they are protected by Workmans Comp immunity.

They should both be punished IMHO.

 

[DMC-12]

I wanna be able to do my job [while] at Perkins.. and then when stuff asplodes and people die cause I was not on site to prevent that from happening.... not be held accountable. :king:

I LOVE their muffins BTW! :slurp: :king: :lookaroun

 

[googilycub]

I wanna be able to do my job [while] at Perkins.. and then when stuff asplodes and people die cause I was not on site to prevent that from happening.... not be held accountable. :king:

I LOVE their muffins BTW! :slurp: :king: :lookaroun

As has been said many times, being on or off site had nothing to do with happend.