Originally Posted By AutoPost This topic is for Discussion of <a href="http://www.LaughingPlace.com/Latest.asp?I1=ID&I2=73862" target="_blank"><b>Latest: WTSP: Disney wants jury trial in Monorail crash lawsuit </b></a> <p>Disney released new information in response to the wrongful death suit filed by the family of monorail pilot Austin Wuennenberg and is seeking a jury trial.</p>
Originally Posted By Mickeymouseclub Can you believe this was released in press the same day of the Epcot Bus Collisions? Great P.R that just should not be ignored! How can this be a win for Disney? Can anybody help explain this one?
Originally Posted By leobloom They really want a jury trial for this? Or are the lawyers have some plan in mind to get the settlement figure down to a lower number? I would be shocked if Disney really wanted this to go to trial. Is it possible they've gotten so stingy they don't want to pay out hush money?
Originally Posted By trekkeruss Seems ridiculous to risk even more bad PR by taking it before a jury.
Originally Posted By mousermerf They had to submit a response, and jury was pretty much their only option as this point aside from taking full responsibility for everything - there's a long time between now and a full jury trial. It is very unlikely it will reach that point - this is merely a step in the legal process.
Originally Posted By MPierce I can't believ Disney is making this PR blunder. To think that they are not cupable in this death is insanity on the Disney executives part. The longer this is kept at the forefront of Disney news, the more backlash you receive from the press.
Originally Posted By SuperDry <<< I can't believ Disney is making this PR blunder. To think that they are not cupable in this death is insanity on the Disney executives part. >>> We don't know what offer has been made to the family, or what the family is holding out for. What if the family were asking for $100 million? Would it make sense for Disney to just pay up to get the matter behind them?
Originally Posted By barboy I wouldn't second guess the Disney legal team/decsion makers on this affair: Mickey has played this game before--- a few times over--- and he knows way, way more than we(outsiders looking in)do on the facts of the case, potential witnesses, on-going negotiations and potential jury pools. Something else to consider: this was an **ACCIDENT** rather than an intentional tort(such as fraud or sexual battery on a 5 year old at Stormalong Bay by a cast member on probation for a violent crime) so no big public image nightmare, comparatively anyway.
Originally Posted By barboy And SuperDry is correct. Those complaining might be demanding something very unreasonable such as over $250K.
Originally Posted By leobloom The manager was directing traffic while having dinner at a Denny's. And now a young CM is dead. That's the PR nightmare. Certainly the media can treat this as neglect and less as an **ACCIDENT**.
Originally Posted By barboy This story already played and I doubt that it affected park attendance adversely. Euros, as a whole, wouldn't care nor would those coming from Sao Paulo. And the family driving down from New Jersy doesn't give a rip either. Aside from the LP crew and the like what other sizable parkgoing demographic would even know this story let alone care(that is care enough to stay home or spend money somewhere else) about a death on the monorail, a non guest death at that? Now, if a very good looking white family of 4(11 year boy and 9 year old girl) were decapitated by a falling steel beam on Expedition Everest then I would agree with you..... People and US mags would drool over such a story and it could affect sales in a noticeable way.
Originally Posted By leobloom ^^Well, locals, many of whom work for WDW, will care. Besides, you may say that the family driving down from NJ doesn't care, but Disney's track record suggests they think otherwise. This is the company who think brand image is everything, after all. I'm guessing the dead CM's family asked a high price, and Disney is jockeying to get it lower. Looks to me like they're cheap and stingy even when their (not-so) safety procedures get a CM killed. No surprise there.
Originally Posted By Mickeymouseclub If the jury awards an even larger amount the media will be all over that.
Originally Posted By sjhym33 I doubt this will ever go to trial. My guess is Disney threw out some numbers that were rejected so everyone moves to the next step. Now it will be a game to see which side blinks first.
Originally Posted By Mr X I hope the family has the means to take it to a jury. How can they lose? The kid that was killed was just sitting in the cockpit, waiting for Disney negligence to come along and kill him. I would LOVE to be the lawyer on the family side on this one... $100 million doesn't seem out of the question as far as I'm concerned. You can't put a price on life (yeah, yeah, I know they *do* put a price on it as far as settlements are concerned, but a decent jury might just consider a much higher value for this poor kid!).
Originally Posted By barboy But leobloom this story just isn't that juicy to affect sales in an adverse way. Most everyone should know the "rules" by now. If the Disney story has nothing to do with..... sexual misconduct hurt kids celebrities the off the wall/strange/uncanny terrorism ......then don't expect the masses to give a rip or follow the story. Don't forget USA is big on "Octomom's", "baloon boy's" "Kate and 8's", missing cheerleader's in Aruba, William Hung's and beauty queens who oppose marriage for same genders. Now, if this young male had been a very pretty young female doing side work as a model and was 4 months pregnant and just got married prior to the accident then Disney would have a rough time in the media since freshly married, good looking people are worth more.....they just are in this warped society. Disney will pay out in the end but it will not take a public image hit unless the story turns juicy.
Originally Posted By barboy And I am sure you are right about locals/employees watching this story. Also, I dont't understand your ""you may say that the family driving down from NJ doesn't care, but Disney's track record suggests they think otherwise"" Could you expand a little bit since it looks interesting.
Originally Posted By barboy ///I hope the family has means to take it to a jury./// well X, don't worry about that because they don't need 1 dime. Every lawyer east of the Mississippi would love a piece of that pie(Ok, almost every lawyer anyway). Trust me!! The chances are that some lawyer or firm will pay for EVERYTHING, YES EVERYTHING associated with the case and then gladly take at the very minimum 25% all the way up to 60% of the settlement......it's called "contingency"..... when you(complainant)win your lawyers win and they grab the first fruits of the settlement leaving you with the residuals. If the case is thrown out or the jury awards nothing then the lawyers who put up the money(court costs, expert testimony, "man hours") are S.O.O.L
Originally Posted By leobloom >> Could you expand a little bit since it looks interesting. << Disney doesn't like any news story that competes with their company-sanctioned image, that's all I'm saying. These are just off the top of my head, but in the late 1990s, Animal Kingdom was plagued by stories about some of their animals dying mysteriously. There have been numerous stories about CM misbehavior, as you know. A good and funny take on Disney's indiscretions can be found in Carl Hiaasen's TEAM RODENT. The point isn't that people are going to stop going to WDW in droves because of this monorail death. But Disney is as image-conscious as any company out there. They sense that this story isn't good for their image. I'm not sure what you're arguing: that the media doesn't care about this story because the dead CM wasn't Natalie Holloway? I know Orlando media will cover the story; maybe not national media, but the damage is being done locally. And that's an important community that Disney needs to kinda sorta keep on their side, since CMs live in Central Florida.
Originally Posted By MPierce That's very true, the family might be asking for a ridiculous amount, but that doesn't change the fact that the longer this remains a story, the longer WDW gets bad publicity. I think it was silly for Disney to demand a jury trial rather than continuing to negotiate quietly behind closed doors. Yes Diswney has a team of excellent lawyers, but lets look at the facts as we know them. At sometime WDW either changed or didn't enforce the rules that were in place to have prevented this tragic accident from happening. Disney is responsible for their employees action, and training. You have a young man killed that was not at fault in anyway. I wouldn't want to take this before a jury period. Just remember what an American Jury awarded a woman who spilled a hot cup of McDonalds coffee in her lap while sitting in a car. They awarded her 2.82 million dollars. McDonalds got tons of bad publicity although they eventually had the monetary reward reduced to $640,000 by the judge. McDonalds kept appealing, and eventually settled out of court for less than $600,000. The woman originally asked for $20,000. How much is an innocent young man's, who bore no guilt in this accident what so ever, life worth? Disney will never let this face a jury trial. They would be stupid to do so. By the way barboy, I bet a family of 4 of any race or nationality were decapitated at WDW, it would be news everywhere.
