Family of boy killed in April Disney bus crash files lawsuit

[Melanie]

From 13 News:

Family of boy killed in Disney bus crash files lawsuit

ORLANDO -- The family of a 9-year-old boy killed while riding his bike at a Walt Disney World resort filed a lawsuit Tuesday against the company.

Attorneys for the family of Chase Brubaker said Disney's negligent behavior caused the crash.

They claim Walt Disney World failed Brubaker and caused his death by neglecting to design a road that would keep him safe from harm.

"They created a foreseeable zone of danger where they knew children and pedestrians would be," said Karen Terry, the Brubaker family's attorney.

That foreseeable zone of danger is along Big Pine Road inside Disney's Fort Wilderness Resort and Campground.

Court documents claim Brubaker was killed because the sidewalk is too close to the road, the bus wasn't properly maintained, and the bus driver didn't get adequate breaks throughout the day.

The Brubaker's lawsuit faces an uphill battle.

Disney was cleared of wrongdoing by the Florida Highway Patrol.

In the crash report, the FHP said the crash happened because the boy's bike had a flat tire that he shouldn't have been riding on.

“We have had accident reconstructionists, biomechanical engineers and human factors experts come out to the scene, and they disagree with the FHP’s finding,” Terry said.

Although the lawsuit primarily focuses on Walt Disney World, the Brubaker family is also suing the man who was driving the bus.

[Ian]

You know ... I started to reply to this one way, but then it occurred to me that a nine year old boy lost his life in this accident and that's just a terrible, terrible tragedy.

I don't want to pass any judgement on the behavior of a parent who's experienced such an unimaginable loss.

[Jll3Sonex]

I don't know what we'd do if the little guy died in an accident - especially an accident like this at FW...

Shock, grief, anger, denial? All those emotions would be in play. But after a while, acceptance would set in, and faith that the little guy would be in a place much better than DW.

And afterward, I think if some lawyer came knocking at my door thinking to enrich himself through half of a lawsuit or settlement (and I doubt this would ever go to trial, instead it'd be settled out of court) - then said lawyer would better hope that I don't have a baseball bat, cane, large stick, or 2x4 handy.

I don't blame the family here - I blame the (censored-censored doubly censored) lawyer advising the family on this one, preying on their loss. Bloody (censored) vulture...

My heart goes out to the family.

[Kim Possible]

That is terrible, and yeah I'm not sure how to respond to this one either....

[Joannelet]

I think about this specific tragedy a lot. My heart goes out to the family. We do not know what went on there. I remember listening to the 911 callers from that incident and they are horrible. I can't even imagine what the family is still going through.
They lost 2 children from freak accidents like this. I think they blame themselves enough so I wouldn't even dare blame them for any of this. No one asks to have a child die...there are no words to explain that or a way to come to terms with it.

[ToraTory]

This is so sad on so many different levels. I feel so sorry for the bus driver as from reading the full article the family is sueing him as well. It was an accident, however tragic, it was an accident. My daughter is a WDW bus driver and from what she tells me WDW goes out of their way to make sure the busses are maintained and are safe, the drivers take regular breaks and do not work beyond the legal limitations.

I think the family is receiving some bad legal advice from an "attorney" who is out to make a name for himself and sees dollar signs instead of compassion. My heart goes out to the family and I hope that somehow they can realize that hurting the bus driver and reaping some monetary reward will not help their grief or bring their son back.

Prayers and sympathy for everyone involved... -- tory

[GusNJacque]

I so agree with what each of you has to say. Such an unimaginable loss. No winners anywhere in this situation.

[mcjaco]

They lost 2 children from freak accidents like this.

Two????

Don't mean to offend, but two???? Perhaps, hands off parenting?

[sillyolbear]

Very sorry that this family has had so much tragedy. I hope they are able to find some peace and comfort.

Also, very sorry that there is no real hope for tort reform in this country.

[princessgirls]

I just hope that the family didn't hook up with a sleazy attorney. They are obviously hurting and grieving the loss of their son. I really can't imagine...
Sleazy attorneys prey on families who are grieving.

I'm sure this will get settled.

Julie

[diz_girl]

As many others have written, this is a terrible tragedy.

I just don't understand what the parents seek to gain by suing the bus driver. He was found not at fault and he has no deep pockets. The FHA found that the child's bike had a flat tire, so basically he was riding on faulty equipment, which I'm assuming was his own bike from home and not a rental from WDW.

The only thing that I could think of that could work in favor of the parents' is that there was no barrier that separated the sidewalk from the road, which could have prevented the child's bike from going on the road.

Still sounds like an ambulance chaser lawyer to me.

[Kenny1113]

You know ... I started to reply to this one way, but then it occurred to me that a nine year old boy lost his life in this accident and that's just a terrible, terrible tragedy.

Ditto. But in my head .

I can not imagine my state if something happened to DS9.

[seanyred]

I have mixed emotions about this as well. The only thing I can compare this to is when a friend of mine at age 10 was accidentatly shot and killed by another 10 year old. My friends family didn't sue the other family or the gun manufacture. The did however tried to make it mandatory for the gun to have a safety (which it didn't).

So my point is I can understand suing to some extent but why not be more focused on making the road safer instead of looking for money?

Either way a life was cut way to short and nothing can change that.

[Joannelet]

Two????

Don't mean to offend, but two???? Perhaps, hands off parenting?

They had an older son that had died in a drowning.
These are two freak accidents that can happen to anyone. Unfortunately in this case it was within the same family.
I'm not sure how anyone can blame the parents for freak accidents. I mean they were allowing him to go to the arcade with his friend (and were meeting up with him in a little while)....how many people on here have let their older child go off without them there? I have read many people's posts doing the same thing. Anything can happen to anyone.
It's a sad story. My heart goes out to them.

[kakn7294]

I, too, have mixed feelings about this lawsuit. I have no idea what I would do in these parents' shoes. We can all say we love Disney and would never sue but put us in this situation and who knows what we'd do. My heart breaks for this family.

As far as the lawyer who filed the suit, we do have to remember that this is his job. He would be negligent if he did not file multiple complaints. Do I think it's right and do I agree with it? No, but it's the way the system works.

[fupresti]

While I sympathize with the family on their loss, I will not accept their attempts to profit from the unexpected loss of a child. This type of behavior has become far too common in this society.

Accept responsibility for your actions and those of your child god rest their soul. These frivolous lawsuits have to stop.

[DizneyRox]

I will not accept their attempts to profit from the unexpected loss of a child. This type of behavior has become far too common in this society.

Accept responsibility for your actions and those of your child. These frivolous lawsuits have to stop.

Yep, same goes for the lawsuit just filed by at least one of the folks who witnessed the killer whale attack at Sea World. Is the money really going to fix anything? As I heard a few people say recently, you can't fix stupid!

I agree with BTLS in that the losing party should incur ALL the legal expenses. And/or some kind of common sense court as a prequel to these hitting the big time. It would get rid of a lot of this bull from the legal system I think.

Unfortunately, I think we all know that Disney will quietly make this one go away and the trend will continue.

[brownie]

Maybe if lawyers had to be paid even if they lost cases and that instead of monetary settlements problems had to be corrected, people would be less likely to sue. It seems to be all about the money.

I think these people are going to be fighting an uphill battle and even if there's a settlement, they won't see a whole lot.

[Jordan0301]

I understand peoples hesitation in saying anything negative about the parents, because of the situation...but lets not foget one very important thing.

They are KNOWINGLY, in a SEPERATE lawsuit, going after the poor bus driver.

Take a moment to digest that. This is a person who makes a moderate hourly rate, and has a life/family of their own, and these people are going to put that person through HELL. Unless that bus came up over the curb, then he shouldn't even be MENTIONED in this scenario.

The stress of dealing with this is going to be horrible for that driver. These people are ruining someones life, win or lose in the suit.

Pathetic.

[CU Tiger]

I feel for the parents , but will money helpthe situation? What is the purpose of the lawsuit? It will not bring their child back and it will not make DW any safer. If you are going bring a lawsuit, have a purpose to make things better, punish those who have done wrong, or to prevent this from happening to someone else. DW did nothing wrong and punishing them for this does nobody any good. I beta lawyer talked them into it and it is all about greed. I know it is easy to say while not being in this exact situation, but I hope that I could stand on my morals and do the right thing.