Wrongful Death Lawsuit Against Disney World

September 19, 2012

Wrongful Death

wrongful death lawsuit Sometimes you can take on the big guys.

A Florida woman recently reached a settlement in a wrongful death lawsuit against Walt Disney World after her nine-year-old son was killed at the park by a Disney World bus.

Chase Brubaker, a third grader from Redington Beach, Fla. on his first trip to Disney World in April 2010, was vacationing in the Ft.Wilderness area of the park.  He and an 11-year-old friend were biking around the campsite complex when the accident happened, according to The Tampa Tribune, who reported the details of the incident and provided background information on other bus accidents at the park that year.

Wrongful death occurs when a decedent’s death is caused by the wrongful act, neglect or default of another. Although a monetary settlement can never replace a loved one, the aim of wrongful death statutes is to provide compensation for survivors who are experiencing mental anguish and other types of loss in the aftermath of the tragedy.

The Florida Highway Patrol said Chase was biking on the sidewalk, but drifted onto the grass adjacent to the road.  He then went into the southbound lane of the roadway, hit the side of the bus and slipped under the right rear tire of the bus, police claimed.

Kelly Brubaker, Chase’s mother, maintained that the bus driver was at fault, that he was distracted and reportedly talking with bus passengers.  She said Chase always wore his helmet and was a very cautious child who would stay on the sidewalk when he was riding his bike.  The child riding with Chase also told Ms. Brubaker that her son did not ride off the sidewalk into the path of the bus.

In October 2010, Chase’s mother filed an auto-negligence suit against Walt Disney.  It was settled in August 2012 for undisclosed terms.  No criminal charges were ever filed against the 56-year-old bus driver who was driving buses for Disney for 30 years.

In Ohio, a wrongful death claim must be initiated within two years of the date of death (Ohio Revised Code (ORC 2125.02 (D)(1)).  Ohio also has a comparative negligence law which permits the family of the deceased to recover damages even if the victim was partially at fault in the wrongful death.

During 2010, when Chase Brubaker died, Disney buses were involved in two other accidents.  A Disney bus rear-ended a charter bus in late March, a week before the Brubaker’s boy’s fatality, injuring eight bus passengers. That driver was cited for careless driving.  In July, two buses collided at Disney and a dozen tourists suffered minor injuries.

Also, in July of 2010, a 21-year-old monorail operator was killed when two monorail trains collided at the park.  Disney was fined $35,000 by the Occupational Safety and Health Administration (OSHA) for workplace violations in that fatality.

Many wrongful death claims stem from car accidents, but it also possible to file a wrongful death suit when a loved one is killed by an explosion at work or dies as a result of a malfunctioning or defective product.

If you have any questions about the nature of the death of someone dear to you, please don’t hesitate to contact Slater & Zurz, LLP for a free consultation at 1-800-297-9191 to make certain that you are adequately represented in order to ensure compensation for damages you have sustained in the loss of your loved one.  You can also send us a Blog Message to ask any questions that you may have, or to schedule a time to talk.

An Ohio lawyer experienced with wrongful death can further advise you if you believe you may have rights to recover damages for a product defect or other damage claims following the loss of a loved one.  Their experience with wrongful death cases will help you answer your questions and understand your rights.

And yes, you can fight the big guys, just like Chase Brubaker’s family did.

To learn more about wrongful death in Ohio, please visit ohiowrongfuldeathlaw.com

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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One Comment on “Wrongful Death Lawsuit Against Disney World”

  1. Bob Says:

    Why let your kid ride his bike close to the Road unsupervised??? Sounds like Bad parenting to me and no fault of the Bus driver at all.

    Reply

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