Disney Settles in Tram Accident Lawsuit

[bekkiz]

I'm 99.9999% sure at least one person in the party did something that was beyond stupid, but I know Disney has a history of settling even when they're in the right.

http://www.mercurynews.com/ci_12459717?source=rss

Disney, tram-injured woman reach settlement

Associated Press
San Jose Mercury News
Posted:05/27/2009 11:24:33 AM PDT


LOS ANGELES — A Chinese woman who fell out of a moving Disneyland tram and suffered serious injuries that left her needing 24-hour medical supervision for the rest of her life has reached a settlement in a lawsuit she filed against the Walt Disney Co.

Lawyers for Qi Zhao and Disney reached the agreement Tuesday, bringing a two-week trial in Los Angeles County Superior Court to an abrupt end.

Details of the accord were not released.

Zhao, 48, filed her suit in 2007, alleging the tram driver was going too fast. She was riding the tram with two sisters and a niece. According to the complaint, one of the sisters fell from the King tram as it moved toward a parking lot.

Reacting to the fall, the other two sisters also fell out. One suffered minor injuries and Zhao hit her head on the pavement, suffering severe traumatic brain injuries and skull fractures and was in a coma for three weeks.

Her husband, Zuchun Wang, became a plaintiff last October, alleging loss of consortium.

Zhao and her husband were born in China, but were living in Northern California when they visited the Anaheim theme park in February 2007.

Zhao is now being cared for in Beijing.

Disney contended the tram was not moving too fast and had a device limiting its top speed to 11 mph.

Company officials said in a statement they were pleased to have resolved the case and said safety is their top priority.

The settlement came just as attorneys had begun their closing arguments. The judge told jurors of the resolution and dismissed them.

Zhao's two sisters settled their claims against Disney before the trial.

 

[scooter15]

I'm 99.9999% sure at least one person in the party did something that was beyond stupid, but I know Disney has a history of settling even when they're in the right.

I'm going to actually disagree with you on that. Although the majority of tram drivers do go at a respectable speed, there have been times when they've really pushed it and my husband and I have had to hold on. I've also heard that there have been complaints in the past several years prior to the accident that certain drivers have gone to fast and I guess finally something terrible happened.

I didn't realize there was an accident and now it makes sense that they go 13mph.

 

[zulemara]

I don't have any specifics since it happened at DL, but I'm way more apt to side with Disney over the guest not because I have loyalty to Disney, but because I am never ceased to be amazed at the stupidity of the guests who come to Disney.

People will not stay seated when the tram moves, they do things they aren't supposed to, and you don't fall out if the tram is going straight if you have your hands arms legs and feet inside the tram. It probably happened on a corner, which is why you would naturally grab onto something.

sounds to me like its someone trying to strike it rich on their own stupidity. Hot coffee anyone?

 

[KINGBOBOFTHENORTH]

Me too.....all things being equal.....I would give the benefit of doubt to Disney in a disupted case if I was on a jury.

I'm not familiar with California law but in Florida we are a pure comparative negligence state. That's as fair as you can get, IMO, but if a jury finds Disney 10% at-fault in a such a case and the victim 90% comparatively negligent and then that same jury evaluates the total case at $20 million, that's still a $2M award against Mickey. If they could settle it for $1M, it's a good deal. We have no idea in the case being discussed here what it was worth or what the settlement was. But many would agree that there is nothing scarier than turning the decision over to a jury!

BobK/Orlando

 

[scooter15]

I don't have any specifics since it happened at DL, but I'm way more apt to side with Disney over the guest not because I have loyalty to Disney, but because I am never ceased to be amazed at the stupidity of the guests who come to Disney.

I am a big fan of Disney too and even used to work at DL but there are incompetent CMs over there, in the past and present. I dont' know the specifics of the accident and the only people that do know are the ones that witnessed the accident. But I do know that some, not all of the tram drivers used to think the tram was a hot rod and take the corners faster than what SOP stated. Its a natural reaction to hold on to something but if you are sitting in the middle, there's not much to hold on to and if you're a little kid, you'll get thrown to the side. What about a parent holding a baby?

Plus, why do people have this grand idea that Disney can do no wrong and they are so safety conscious? Disney CMs don't always follow SOP either and it has cost them lives in the past. Do we have to remind people of the death of a guest back in 1998 involving Sailing Ship Columbia? I knew a CM that got his foot run over by his ODV cart back in the early '90s (before the carts were motorized) because he decided to have a race with another ODV CM. I was even working there when CMs started to horseplay while they had guests on a canoe and it overturned and all the people on the canoe went into the lake. A friend of mine was working in the ER that looked over some of the injured. It was also common when I was there during closing for the last ride to be a bunch of CMs riding without restraints on SM and BTMRR. So you need to be careful in thinking that Disney is not responsible because even if it was a certain CMs fault, Disney is still responsible for the actions of all on duty CMs, on stage and backstage.

 

[Uncleromulus]

Wonder where we can get details of the original accident??
IF the lady was still seated when she fell out, that might be one thing. But if she was standing up taking a picture, or trying to switch seats (both of which I've seen many times on trams at WDW), it would make it quite another thing.

 

[P.I. Squirrel]

Everyone here seems to be assuming Disney lost. As with all Disney settlements, the terms of the deal are not disclosed. It is just as likely that the plaintiff realized she may lose, and agreed to a previous Disney settlement offer. After all, the story does mention that the injured woman fell out while 'reacting to the fall'. Does this mean she intentionally left a moving tram? If so, that is far different than slipping from a sudden jerk of the tram from careless driving.

I don't think we will ever know the true details.

 

[Pluto Region1]

I go to Disneyland quite often. I was just there on the 28th of May w/ my husband and recall that the tram driver made an extra special announcement before taking off in the tram to the parking lot - wonder if the lawsuit, fresh from being settled, has cast a pall over the current crop of drivers and they've been instructed to take extra special precautions. I am sure they probably did a thorough review of their SOPs. When getting on the tram, they always have the recorded tram safety announcement and usually someone checks all the tram cars before giving the all-clear to the driver. We'll never know what happened in this case, but it sounds like the additional passengers falling out, probably either tried to reach out for the 1st passenger who took a tumble, or actually jumped off the moving tram. Its a terrible tragedy to be sure, since this woman will be crippled for life. People also need to use judgment when riding a tram -hey, these vehicles are going fast, so hold on or make sure you are in a position where you can. If you're the only person in the seat, probably best to sit to the side where you can hold on to something. If you're feeble or need assistance, be mindful of where you sit. Now whenever I get on and off the tram, the tram always has the announcement about "watch your head" as you exit. And every time I hear it, I think of that news story Pete told in the podcast about the guy who dropped his camera and injured himself trying to retrieve it. Unfortunately this is just one of the hazards of running a theme park and they probably pay big bucks for insurance.

 

[KYMickey]

......Unfortunately this is just one of the hazards of running a theme park and they probably pay big bucks for insurance.

I imagine a major corporation like Disney is basically self insured. They carry a policy with a huge deductible (multiple millions of dollars) to cover a catastrophic loss. I work for a major international corporation and our deductible is $50,000,000, everything else we cover internally. This is done to reduce insurance premiums and the money saved is used to cover losses.

 

[aspry]

There is a break even point in all cases that the Plaintiff is very aware of. Is it cheaper to hire consultants, attorneys & win or settle at a lesser amount, or just settle at original amount? That's the question they ask themselves going into it. I'm pretty sure Disney sees this as a win (relatively speaking).

 

[saratogadreamin09]

Disney is quick to settle lawsuits because there a smart company. They know that an extended cout case would cost money and be bad for their image.

I also have to agree that the person did something that made her fall out.

 

[tpayne]

If you were riding in your own car, golf cart, etc., you'd take special precautions to see that you held on at curves,turns, and higher speeds. It's called common sense. When it's not your insurance premiums that go up and greed takes hold, you will do whatever to cash in. It costs everyone in the long run. JMHO.

 

[Lilo's Mom]

My DH, DD and I were at DL when the Tram accident happened. At the time we were in line waiting for a Tram, when they made an announcement that there was trouble with a Tram and they weren't sure when they would be running again. We decided to walk to our car, along the way we passed a family talking about the accident, their youngest child (about 9 I would guess) was crying that the lady that fell and her family were squeezed into their row of seats. The woman on the outside reached out to grab her purse or hat that flew off, and tumbled out of the tram. The other family members fell trying to grab her. We stopped and asked the family talking about the accident if everything was ok, and they told us emergency vehicles were there, with the people that got hurt. It took a long time to get out of the lot, and when we finally did there were a few ambulances that were exiting as well. I must admit that I did find it odd that the family we were talking to didn't or weren't asked to give any kind of statement, but since the their child was so upset, we figured they just let them leave the scene.

 

[Uncleromulus]

Interesting, even if second hand. Wonder if they "squeezed" themselves into the tram??
And if I recall, there are all kinds of announcements saying NOT to try and recover things that fall out of the tram??

 

[someday273]

Ok, first trams go only 12 1/2 miles per hour. Every guest is told the safety stuff over 3 times before pulling away. Still, they stand up, hang out, try to grab stuff outside the tram and horseplay. Really - take responsibility for your stupidity for once. Just saying....

I'm a Disney CM and I've seen it all. I could right a book on the way guests behave when visiting Disney.

 

[manning]

Ok, first trams go only 12 1/2 miles per hour. Every guest is told the safety stuff over 3 times before pulling away. Still, they stand up, hang out, try to grab stuff outside the tram and horseplay. Really - take responsibility for your stupidity for once. Just saying....

I'm a Disney CM and I've seen it all. I could right a book on the way guests behave when visiting Disney.

The ultimate decision is up to the operator(s) whether to go or not. In other words if it is unsafe you don't move. You can't cover it all, but the squeezing in can be. Are safety bars along the side now being installed?

 

[Timmy Boy]

Yeah, all the trams now have doors on them.

 

[buzzCMlightyear]

Yeah, all the trams now have doors on them.

Most do, not all.

 

[sandym718]

It sounds like they were probably being irresponsible in some way, but it's still sad, that kind of injury.

Re: Squeezing in. We just had this happen to us at the local zoo this week. Line for the tram to go up to the "top" at the zoo was REALLY long, so we walked. Not much line to come back down, so we got in it. There is technically seating for 4 in each row - they have carved out sort-of seats, 4 of them in each row. My 2 kids (ages 7 and 9) and I get in, me sitting in the middle (so they don't fight, LOL). DS is on the outside, that side has a bar. So there is room for one, MAYBE 2 more people in our row, if one is a small child. A group that had not been waiting comes up just before the tram leaves. There are 7 of them total. Whole row in front of us is wide open. They seat FOUR there. And then THREE of them squeeze in with us. It was a mother and 2 children, 1 younger than mine (probably 4) and 1 older than mine (probably 11). We moved over, but poor DD was squished between me and them. I would've switched with her, but then the tram started moving. I was NOT happy. I don't think it was safe, plus, if they wanted to squeeze in, why not squeeze in their OWN family? Why not put one of the kids with the 4 adults in front of us, and then each row would have had 5 (maybe still not safe in that row, 4 adults and 1 child, but...) Instead they make our row have 6 and we have to accomodate them. It was just so rude. Or gosh forbid, WALK, or wait for another tram. Had there not been a bar on the side DS was on, I would have had 2 choices - ask them to please find another seating arrangement or I would've had to switch with DS so he wasn't on the outside squished up against an open area, which would have been very unsafe. I can see how an accident can happen when people do things like that. Common sense!!

 

[Timmy Boy]

Most do, not all.

Well I work in one of the parking lots and I was told that we were the last park to get the trams with doors, and now all our trams now have doors, so that was my reasoning that I made the statement that "all the trams have doors."