Mother of Monrail Pilot files Civil Suit

[mm52]

Wow, those photos are intense. Such a sad situation for everyone involved.

I agree those pictures are intense and it had to be really hard for his Mom to see them.
I believe that Disney really dropped the ball on the training of supervision on this one. If it's acceptable for a supervisor to be on the job and not even be in the area that he's supervising something is really wrong. Unfortunately, a young man lost his life because of this, so in IMHO Disney should be held accountable. Of course no amount of money will every make Austin's Mom whole again, but she's entitled to it and I don't blame her one bit for going after Disney and anyone else who contributed to this horrible event

 

[Mouse Detective]

None of us have any idea where things are in the negotiations to settle the case. The estate has an excellent case but there is always a lot of posturing going on in serious injury and wrongful death cases. You can be sure of two things: 1) the plaintiff attorney is asking for a LOT more than the case is worth and 2) Disney is currently offering a LOT less now than it ultimately will later on.

Disney handles suits against it aggressively. And they fight them all the way when they have a winner on their hands; i.e. the guy who had the stroke sometime after riding TOT. But they settle cases that deserve to be settled and this is one of them. But that doesn't mean that now is the time to settle this. The statute of limitations in Florida for wrongful death cases is two years so this does seem early however neither side will get serious until a trial date is placed on the case by the court. And I think we're a long way from that.

But the case will ultimately settle. And we'll never know the terms.

 

[fosse76]

This explains why attractions is so rigid about their opening and closing checklists. And I mean really, really, really rigid. And, while I would dutifully comply with making every box perfectly checked and looking over every single item and doing things as they were written to do, I always kind of wondered why it was so detailed and rigid and militaristic. When you put it that way, I understand.

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.

 

[Tom]

Good for her. This is a situation where I think litigation against Disney is entirely warranted.

One way or another, yes, Disney needs to be held accountable. However, that's what OSHA and NTSB are obligated to ensure.

Damn, i feel bad for his mom and family. Hopefully Disney will just settle and give the mother what she deserves.

She deserves a living son. Maybe some consoling and therapy. I sincerely hope that her goal with the suit is to hold Disney accountable and have it put on paper that they need to implement stricter policies and procedures so that nobody else dies, and so that no other mother has to lose a child while they're working at Disney World.

But, if she's like the rest of society, and her attorney is like most attorneys, they're just out for money - which must be a cure-all for the loss of a loved one. I hope this isn't the case.

He was transferred to Watercraft and is still a manager.

The pilot of Pink is still a Pilot.

It's unfortunate that the manager is still on payroll. As for Pink, I think I'm in the minority but I don't blame him for this. I actually feel sympathy for him, because I would NEVER want to have been in his shoes or have to live with that for the rest of my life.

This is what happens when things become routine. You get a fundamental breakdown in how things are suppose to operate. Without check lists, doing things by memory small things are over looked. Then not following proper procedure becomes the norm. They have probably done this a hundred times without an incident. Because of routine, everyone becomes lax.

Exactly. After a while you start skipping "minor" steps. Then you gradually start skipping more and more until you've reached a point where everyone is complacent and adopts the mentality of "it's fine...those are just guidelines...we've never had an incident and we never will".

I don't think I've held a position or job in my life where I didn't think at least one policy, rule or protocol was "silly" - but I always take a moment to think, "what if I don't do that just this one time, and it ends up causing something serious to happen."

I sincerely hope that the result of all this is that Disney follows through in their supposed commitment to make the monorail system safer, and that they don't start cutting corners in a few years after this blows over.

 

[mmexpress]

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.

 

[Bairstow]

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.

If it was negligence on the part of Disney employees that killed Austin Wuennenberg, isn't his family due compensation?

Further, if Disney was grossly negligent or reckless, shouldn't they be punished?

It's the threat of civil litigation like this that encourages parks like Disney to be as safe as they are.

 

[rkelly42]

Im not even going to take sides in this discussion. I do not or never want to know what it is like to lose your son or daughter in such a tragic way, or in anyway period. I really feel for the family and hope that a quick resolution comes to fruitation and everyone can start to get some closure if there ever is any.

 

[Tom]

If it was negligence on the part of Disney employees that killed Austin Wuennenberg, isn't his family due compensation?

Further, if Disney was grossly negligent or reckless, shouldn't they be punished?

It's the threat of civil litigation like this that encourages parks like Disney to be as safe as they are.

In my opinion, the family is entitled to reimbursement for all of their soft and hard costs related to the death of their son, including legal, funeral, and other expenses that they would not have incurred had the event never happened.

However, when it comes to being paid money to compensate for a lost dependent, how do you really justify that? If you lose a parent or an income-earning spouse due to negligence, then perhaps a fat check would be in order to help offset that lost income and support.

But when you lose a child, you're not out any money (other than the costs associated with their death). Children don't (normally) earn income that supports their parents, so there really isn't any monetary damage done that needs to be made up by the defendant.

It's one thing to say that someone was harmed or damaged by the loss of a loved one, but to say that they're owed money (in excess of their unnecessary expenditures) is just plain irresponsible. Money doesn't heal a broken heart, and if it does, then that person has SERIOUS problems.

 

[rsoxguy]

In my opinion, the family is entitled to reimbursement for all of their soft and hard costs related to the death of their son, including legal, funeral, and other expenses that they would not have incurred had the event never happened.

However, when it comes to being paid money to compensate for a lost dependent, how do you really justify that? If you lose a parent or an income-earning spouse due to negligence, then perhaps a fat check would be in order to help offset that lost income and support.

But when you lose a child, you're not out any money (other than the costs associated with their death). Children don't (normally) earn income that supports their parents, so there really isn't any monetary damage done that needs to be made up by the defendant.

It's one thing to say that someone was harmed or damaged by the loss of a loved one, but to say that they're owed money (in excess of their unnecessary expenditures) is just plain irresponsible. Money doesn't heal a broken heart, and if it does, then that person has SERIOUS problems.

I can not imagine losing my daughter due to the negligent irresponsibility of others. With that said, I think that I would approach a situation such as this in a different way than the typical lawsuit method. I believe that I would demand that Disney have a high ranking individual from within the company make a public admission of fault and have that person also provide an open apology. I would be willing to sign a legally binding document that limited me to funeral expenses and the public admission and apology.
In an earlier post I was asked to clarify myself. My feeling on this matter centers on the whole pay-off and silence method of resolving these types of cases. If this were my kid, I would want the guilty parties to publicly admit and apologize. No amount of money would be more satisfying (if "satisfaction" could even be achieved).

 

[Tom]

I can not imagine losing my daughter due to the negligent irresponsibility of others. With that said, I think that I would approach a situation such as this in a different way than the typical lawsuit method. I believe that I would demand that Disney have a high ranking individual from within the company make a public admission of fault and have that person also provide an open apology. I would be willing to sign a legally binding document that limited me to funeral expenses and the public admission and apology.
In an earlier post I was asked to clarify myself. My feeling on this matter centers on the whole pay-off and silence method of resolving these types of cases. If this were my kid, I would want the guilty parties to publicly admit and apologize. No amount of money would be more satisfying (if "satisfaction" could even be achieved).

I am with you 100% on this one. I'd have them reimburse me for every single penny I spent as a result of the accident (after celebrating my child's life with a funeral and memorial service fit for a king) - and then demand that they develop and "etch in stone" a realistic plan to make not only the monorail system safer for guests and CMs, but to also address possible safety deficiencies throughout the property.

And then they'd go public with their apology (as you suggested) and their plan. They need to be called to the floor for their mistakes and held accountable. While the money may not go in my pocket, some benefit will come from their punishment.

 

[Raven66]

Speaking as a mother so this will be a completely emotional response but, I would want to make them pay. Would it bring my child back? No. Would it ease my pain? No. Nothing will do either of those things. I was sitting here trying to feel even part of what she feels. I haven't lost a child but I lost a very close family member who was a child when she passed. I know her parents would do anything to get her back. Unfortunately, they have no one to blame in this situation. I think Austin's mom just wants to feel like she is doing something to show Disney that what happen is not right and she is not going to let them get away with it. I hope she can find some peace even though it will be hard.

 

[Tom]

Speaking as a mother so this will be a completely emotional response but, I would want to make them pay. Would it bring my child back? No. Would it ease my pain? No. Nothing will do either of those things. I was sitting here trying to feel even part of what she feels. I haven't lost a child but I lost a very close family member who was a child when she passed. I know her parents would do anything to get her back. Unfortunately, they have no one to blame in this situation. I think Austin's mom just wants to feel like she is doing something to show Disney that what happen is not right and she is not going to let them get away with it. I hope she can find some peace even though it will be hard.

Yes. Peace for her and accountability for Disney.

 

[Bairstow]

Well that's interesting.
From what I've read it looks like Christine Wuennenberg is only asking for $15,000. That's barely going to cover her legal fees. The only way she can be awarded more is if the court finds Disney was reckless enough to warrant punitive damages.
Also, she wanted this to be a fairly quick trial before a judge, and it was Disney that requested a jury trial. That's going to be risky for them. I wonder what their strategy is.

 

[jakeman]

I always wondered why nothing was done about the guy being off site and not where he was suppose to be. Seems we will hopefully get some answers for that.

Perhap because he was within the SOP to be offsite? At least that was my understanding of it.

If he was working within SOP and something happens, especially when nothing has happened in 35 years, is that the manager's fault or the SOP's fault?

If he was doing the job as he was trained to do it, then he's not really at fault.

What is TDO thinking? Oh wait TDO does not think.

See above. Things aren't always black and white.

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.

You know, we all complain around here about frivolous lawsuits all the time, and you chime in on this one?

It's not like someone slipped on their own kid's ______, or got a little bit of food posioning; the lady's kid was crushed to death by a monorail.

You can call it blood money or whatever (with given the amount she is asking for, I'm not sure you can call it that), but she is completely justified in this case.

Money can't buy happiness, but it sure can rent it for a small time. She could ask for enough to rent it the rest of her life and I wouldn't bat an eye.

Disney was in the wrong as a corporation complete on this (individual actions that night are debatable) and they should provide whatever compensation is needed to remedy the situation (which I acknowledge is pretty unfixable).

 

[wm49rs]

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.

$15,000 and funeral expenses? Yeah, she's really looking to cash out there....:hammer:

 

[Tom]

$15,000 and funeral expenses? Yeah, she's really looking to cash out there....:hammer:

I hadn't seen that until just now. Good for her! She gets her expenses back and hopefully bring some much-needed attention to this topic.

 

[fosse76]

Your post highlights what I am "getting at". If the lawyers on both sides are already dealing with confidentiality agreements, and there is a likelihood of this case never making it to a court of law, then there is perhaps a possibility that certain issues regarding any admission on Disney's part concerning their involvement in this tragic accident will never be openly known. Rest assured, I'm not bashing Disney, nor am I claiming to be some sort of authority on our legal system's workings. I was making a simple statement regarding this case and the way in which the legal system sometimes fails to disclose certain realities.

I got you. The way I read it initially, it seemed to me that you were suggesting that she couldn't win the suit if the depo transcript remained confidential, which is of course not true, since it is admissible in court. But if the case never goes to trial, your're right that we'll never know.

 

[fosse76]

The statute of limitations in Florida for wrongful death cases is two years so this does seem early however neither side will get serious until a trial date is placed on the case by the court. And I think we're a long way from that.

But the case will ultimately settle. And we'll never know the terms.

Unless the case is dismissed before a veridct or settlement, the statute of limitations doesn't apply. It only applies the initial filing of cases.

 

[montyz81]

It's unfortunate that the manager is still on payroll. As for Pink, I think I'm in the minority but I don't blame him for this. I actually feel sympathy for him, because I would NEVER want to have been in his shoes or have to live with that for the rest of my life.

You are not in the minority. I don't think many people blame this pilot. The only question that comes into my mind is how he missed the fact that he was on the wrong beam. My guess is this stuff has become so routine and that all pilots had built up such a sense of complacency that being on the wrong beam never even became a thought in his mind. To that I would say shame on Disney for letting that type of complacency happen on anyone in charge of any type of machinery! This includes things like a simple Segue tour guide all the way to transportation pilots! A sense that something could go wrong at any point for anyone operating machinery should be built into all processes and procedures. I am not talking electronically built in either. An example would be that monorails going over switch beams should always have someone in the pilot seat that is always going forward and should not go more then 5mph. That means just during the switching operation, there should have been 2 pilots on board. That is 2 pilots for 10 minutes at most. That would never have been a big expense to Disney. Shame!

 

[mcjaco]

This is what happens when things become routine. You get a fundamental breakdown in how things are suppose to operate. Without check lists, doing things by memory small things are over looked. Then not following proper procedure becomes the norm. They have probably done this a hundred times without an incident. Because of routine, everyone becomes lax.

An excellent point and recap of why Loss Control/Risk Analysis is a very good thing!

Well that's interesting.
From what I've read it looks like Christine Wuennenberg is only asking for $15,000. That's barely going to cover her legal fees. The only way she can be awarded more is if the court finds Disney was reckless enough to warrant punitive damages.
Also, she wanted this to be a fairly quick trial before a judge, and it was Disney that requested a jury trial. That's going to be risky for them. I wonder what their strategy is.

Over simplifying. This is also a Worker's Comp case, and I don't believe Disney handles WC. Pretty sure it's handled by a TPA. So, she may have a large settlement (which legally through WC laws, she would), already.