Wrongful Death Suit Filed Against Disneyworld
The mother of a 9-year-old boy that was killed at Disney’s Fort Wilderness Lodge in April has filed a wrongful death lawsuit. Chase Brubaker was killed after he struck the side of a Disney bus that was passing by and the boy was dragged under the rear wheels of the vehicle. According to the report, the Florida Highway Patrol argued that one of the wheels of Brubaker’s dirt bike was to blame for the accident, as it was flat.
Brubaker’s mother’s lawsuit blames poor sidewalk condition and the bus the bus system for her son’s death. The suit contends that the sidewalks are designed in such a way as to prevent people from stepping toward the park to avoid bicyclists and other pedestrians. Instead, they must step toward the roadway, directly in the path of any oncoming vehicles including the Disney bus system. The suit claims Disney failed to maintain a duty of safety to its visitors to prevent such incidents from occurring. Brubaker’s mother seeks over $15,000 in damages.
A spokesperson for Disney stated that the Florida Highway Patrol report found that the driver of the bus was not at fault for the accident. However, the lawsuit claims the park is at fault because they failed to maintain a duty to its visitors. Brubaker’s mother can prove that Disney was negligent in this matter if there is proof that the breach of duty was foreseeable. If there is no specific evidence that this incident, or any other incident, was a foreseeable danger, it will be difficult to prove the company was negligent.
