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View Full Version : Disney sued over death on train ride - Orange County Register, 10/6/04



Darkbeer
10-06-2004, 10:57 AM
http://www.ocregister.com/ocr/2004/10/06/sections/business/business/article_265119.php


QuikQuote:

The lawsuit alleges Disney:
•Downsized the ride maintenance staff, saving the company millions of dollars.
•Adopted a "run to failure" approach to maintenance, instead of performing preventive maintenance.
•Mandated a "reduced downtime" policy, which made ride operators "fearful" of pulling trains out of service when problems were noted.
"The premise of our claim for punitive damages is that they cut back on maintenance, cut back on training, cut back on safety to increase the bottom-line profit," Aitken said in an interview. "There was a risk in doing that. They rolled the dice with public safety and they lost."

Duane
10-06-2004, 12:08 PM
I'm not trying to cover up the fact that someone is responsible for the Big Thunder accident but I don't feel that the reasons listed are cause for the death. The bottom line is someone performed repairs in an improper manner which caused the train to fall apart. Why was the safety retainer pin not installed? Why was the bolt not torqued to specifications? It could be several possibilities. The repair person may have been preoccupied with his work due to family problems, the repair person could have been sick that day causing him not to think clearly, he may have stopped in the middle of his work to do something else and innocently forgot where he was at in his repair, etc. My main concern is the fact that the supervisor signed off the paperwork indicating that all work was completed properly. The supervisor was supposed to do this under Disney's maintenance policy, why didn't he? If the supervisor would have done his job as specified, this accident would not have happened. Disney had set the proper guidelines for safety to be effective, they just weren't followed.

Duane
10-07-2004, 04:40 AM
Just wanted to add a little more to my last reply. My heart goes out to the the innocent people who were injured and killed by the accident. It's too bad the courts can't hold the "individual" responsible for wrongful death as opposed to the Disney Company. I believe Disney had set proper guidelines for the safety of the attraction, someone else failed to follow procedure properly and a tragic accident resulted.

sdfilmcritic
10-07-2004, 04:48 AM
I was wondering about your individual responsibility comment, Duane. If your statement was considered and followed by the court, then who ever the judge finds liable and responsible can be sent to jail for murder. I think it's second degree murder (murder without intent?).

Duane
10-07-2004, 05:01 AM
Yes, you're probably correct. The individual responsible for not following procedure will probably face legal consequences. The problem is that the Disney Company will eventually have to pay large sums of money to the families involved because someone did not do as they were trained. To me, it's the same concept as a family suing "Chevrolet" because someone driving their brand automobile failed to stop at a red light and an accident occurred.

Darkbeer
10-07-2004, 06:30 AM
Duane, have you read the lawsuit, here are a few selected paragraphs...




14. Completely unknown to MARCELO TORRES, I.M. BRAVE had experenced numerous mechanical problems for weeks prior up to and including September 5th, 2003. These issues were known to DISNEY including but not limited to ride operators, mechanics and management who carelessly, and recklessly, ignored these warning signs including, but not limited to, the following:

A. On August 24, 2003, a clicking noise was reported on I.M. BRAVE.

B. On August 28, 2003, mechanics allegedly replaced a guide wheel on I.M. BRAVE.

C. On September 1, 2003, I.M. BRAVE was still making the same unusual clicking noise.

D. On September 2, 2003, DISNEY maintenance allegedly replaced a upstop wheel on I.M. BRAVE but failed to tighten the bolts and place a safety wire around the bolts. A Yellow Tag, which indicates that the train is not to be placed in service, was placed on I.M. BRAVE.

E. On September 5, 2003, I.M. BRAVE was placed into service despite being yellow tagged. DISNEY employees admitted did not understand that only green tagged trains were to be placed into service.

F. I.M. BRAVE was first loaded with passengers at approximately 10:30 A.M. on September 5, 2003. Several DISNEY ride operators and ride leads reported (several rides prior to the 13th ride) that unusual noises were detected on I.M. BRAVE. Despite such explicit knowledge, DISNEY employees did not pull the subject train in part or whole due to fear of reprisals by management.

G. DISNEY employees, several rides prior to the 13th ride of the day, concluded that I.M. BRAVE should be removed from service for safety reasons. DISNEY employees nonetheless allowed guests to ride on I.M. BRAVE knowing that such train was in a flawed condition.

15. About one-third of the way through the ride, as the train was entering the fastest part of the attraction, the floating axle of the locomotive shifted and derailed. As I.M. BRAVE entered the last turn before the tunnel, which immediately preceded "B" Lift, the train began to severely deterioate.

16. I.M. BRAVE entered the tunnel at a substantial rate of speed. The derailed wheels slammed into the brakes attached to the floor between the rails. This impact forced the rear of the locomotive up and its nose down. When the front of the locomotive struck brake four, the back shot upwards towards the ceiling of the tunnel. Violently breaking away from the cars as it pitched up, the locomotive slammed into the tunnel roof and came crashing down on top of the first passenger car. The force of the impact crushed the fiberglass and metal frame of that car.

In doing so, the entire weight of the locomotive crashed down on top of MARCELO TORRES , crushing his chest, and pinning his body to his seat. The force of the locomotive drove his body back so far it bent the safety railing of the row behind him. Although seriously injured, MARCELO TORRES was alive and struggling due to the severe impact. A DISNEY cast member arrived on the scene and ordered everyone out of the train. MARCELO TORRES remained trapped in his seat. He died of extensive internal bleeding resulting from severe blunt force trauma to his chest causing rib fractures and lacerations to his lung at the scene of the incident and other injuries.

17. Investigation reports confirm that the following occured with regard to the BIG THUNDER MOUNTAIN tragedy at Disneyland:

A. The fatal injuries sustained by deceased, MARCELO TORRES occurred when the first passenger car of I.M. Brave collided with the underside of I.M. Brave's locomotive.

B. The delrailment was in part the result of a mechanical failure, which occurred as a result of, among other things, omissions during a maintenance procedure of at least two required actions:

1. The left side upstop/guide wheel on the floating axle of the I.M. Brave's locomotive was not tightened in accordance with specifications; and

2. A safety wire was not installed.

C. The I.M. Brave was dangerously unsafe for use on BIG THUNDER MOUNTAIN, but nevertheless put into service by ride operators, maintenance and management on the day of the incident.

D. There was an inadequate instruction in the Operatin Guidelines as to what a ride operator at BIG THUNDER MOUNTAIN is expected to do when an unusual noise is detected.

E. Use of Green and Yellow maintenance tags on I.M. Brave was not carried out as required by alleged Disneyland Resort procedures, and on a number of occasions preceding the tradegy on September 5, 2003, the West Reliabilty Team (Disneyland maintenance) had not implemented the maintenance tag system properly on the other rides to which the Team was assigned and/or completed the neccessary maintenance required by said tagging system, all with the knowledge of Disney management.

F. As of the time of the incident, Disneyland Resort procedures permitted a passenger train on BIG THUNDER MOUNTAIN to be added to the attraction without performing a test cycle for such passenger train.

G. An audit procedure which was part of the Disneyland Maintenance Operation Guideline and which was established on November 11, 2002, and applicable to the BIG THUNDER MOUNTAIN attraction was consciously ignored and the attraction was never subjected to this procedure.

H. As of the time of the incident, Disneyland Resort procedures allowed one outside machinist to sign for the work of another outside machinist (including completion of maintenance work, not actually inspected), thereby leading to inaccurate reporting of maintenance work.

18. DISNEY through it management knew, or should have known, that BIG THUNDER MOUNTAIN experienced numerous problems on I.M. BRAVE in the weeks, days and minutes leading up to September 5, 2003, incident, Disney and its officers, directors and managing agents acted wantonly, intentionally, carelessly and with a conscious disregard for the plantiff's and the decedent's, and the public's personal safety by:

A. Intentionally placing I.M. BRAVE in service when I.M. BRAVE was in an "out of service" condition on the morning of September 5, 2003. Ride Leads complained of the problem on BIG THUNDER MOUNTAIN to management several days prior to the incident and were given misinformation by the Facilities Division that the problem was solved. I.M. BRAVE was specifically yellow tagged which indicated the out of service condition. Trains are only allowed to be placed in service if they are "green tagged". If Disney employees were properly trained, I.M. BRAVE would not have been placed into service in the first instance. Disney employees were not properly trained in the simple, yet crutial tagging system, a system vital to public safety.

B. Intentionally keeping I.M. BRAVE in service after having substantial notice of mechancal problems on the train prior to the 13th run of the day.Disney employees have testified that they heard unusual noises on I.M. BRAVE from around the time it was first loaded with passengers on the date of the incident. Various current and former ride operators wil testify that upon any unusual sound , it was formerly the policy to pull the train off without question. New corporate policy and practices however, mandated "reduced down time" on the rides wherein DISNEY employees were fearful of taking a train out of service even with obvious deficiences.

C. Intentionally keeping I.M. BRAVE in service after making the clear decision to remove the train from service. Ride Operators will testify that they had knowledge and made the decision well prior to the time that MARCELO TORRES and VICENTE GUTIERREZ boarded the subject train to remove that particular train from service. Despite this concern, employees continued to allow park guests on the subject train. Upon questioning by the State investigators about why the train was not removed, DISNEY employees confided that they were fearful to pull trains even with safety concerns because they would have to justify such actions to DISNEY management.

D. DISNEY employees consciously ignored these substantial warning signs and loaded I.M. BRAVE with passengers, including MARCELO TORRES and VICENTE GUTIERREZ , for its 13th run of the day.

There are MANY employees identified as helping to cause this accident.

How about this in specific section in particular...

"B. Intentionally keeping I.M. BRAVE in service after having substantial notice of mechancal problems on the train prior to the 13th run of the day.Disney employees have testified that they heard unusual noises on I.M. BRAVE from around the time it was first loaded with passengers on the date of the incident. Various current and former ride operators wil testify that upon any unusual sound , it was formerly the policy to pull the train off without question. New corporate policy and practices however, mandated "reduced down time" on the rides wherein DISNEY employees were fearful of taking a train out of service even with obvious deficiences."

Plain and simple, it was Disney "the company" that made changes in its procedures that helped cause the accident in its attitude and its employee policies.

Duane
10-07-2004, 08:51 AM
Darkbeer- I had not read the full report until your recent post. It looks like I was wrong by not considering Disney at fault. Judging from the report, I now feel Disney had plenty of warning signs and ignored all of them which led to a catastrophe. You have a valid point and I agree. Hopefully, people like you who keep a close eye on the operational practices at Disneyland will make for a brighter future. Thanks.

Darkbeer
10-07-2004, 11:37 AM
Actually there have been positive changes made after the accident.

One of the biggest is the restructuring of the Maintenance teams to be much more like they were in the past, being assigned to certain rides, and being available during normal operating hours. Additional training and policy changes have also been made.

Alas, it was a tragic accident and hopefully lessons have been learned and hopefully we won't have a repeat of what happened.....