But it would also have to be proven that the CM intentionally hit the kid. No peripheral vision, no way of knowing how close he was to the kid's head, a defending attorney could easily make the argument that the CM was jujst trying to get away from the kid, especially if he was also able to successfully argue that the kid was doing something behind the CM's back. And imho, the way "Tigger" whips his arm around the kid's arm makes me think he was trying to get away from the kid more than trying to b-slap the kid. Regardless, in a court of law, intent would be an issue. The CM could still be possibly be found negligent, but carelessly so, not criminally so.
At this point, we all have our opinion on what went on. I can't speak for everyone, but I personally don't think I have any sort of "blind love" for WDW that prevents me from finding the company or its CMs faulty or negligent if something goes wrong. If they do something wrong, especially if it involves injuring a guest, I'm gonna be angry about it. I base my opinion on what I've seen in this situation based on the video, and subsequent interviews with the family. They don't strike me as being completely honest about the situation. I don't think the slap was intentional, I don't think it was based on any anger the CM felt,but rather a self-defensive attempt to extricate himself from a painful, perhaps dangerous situation (if he were choking, I'm sure he wouldn't want to pass out on the little ones in front of him). I don't think the Monacos planned this in advance, but they saw a chance to milk this situation and decided to go for it. I find it really hard to believe that, 30 hours after the incident, after refusing medical service, and spending more time on rides, the kid suddenly realized he was in crippling pain from that slap and needed to go to the hospital. I think this would be thrown out of a preliminary hearing, based on that fact alone (again, a defense attorney could argue, who knows what this kid has done in the past 30 hours that could contribute to his pain?) And if WDW can provide any security video where you see the kid after the incident being physical or entering an attraction, it will totally shut down that argument). The Monacos would be doing themselves a favor by letting this go, but now they can't. They're already going to be the laughingstock of their hometown. The best they can hope for is to at least try to weasel some money out of it.
Eh, nothing I'm going to say will sway anyone's opinion at this point. If you believe the CM is guilty, and I believe he's not, then it's probably good that none of us is on the jury, where preconceived notions are a no-no. If it goes to trial, we'll see what happens...