Lawyers representing the mother of the 21-year-old pilot of a Disney monorail who died July 5, have been denied the opportunity to inspect all of the evidence into the death, according to an account.
One of the attorneys had filed a Petition for a Pure Bill of Discovery that allows evidence to be turned over before a lawsuit is filed. He also sought a list of witnesses and employees involved in the early morning operation of the monorail. The concern is that evidence may disappear at some point so Disney has been ordered not to destroy potential evidence in a civil case, which would be against the law.
Attorneys want to know what the video from the surveillance cameras shows as well as any audio communication or black box data recorders from the platform. The platform is the location where monorail workers could have given the command for the pink train to move into reverse where it crashed into the purple train, piloted by the decedent.
Instead of heading for the shop for maintenance, as the monorails do every night, when the anti-collision system is disabled, the pink train went in the opposite direction toward the Transportation and Ticket Center. The question is whether this Florida job accident and preventable wrongful death was a result of human or mechanical error. Only the data will prove that with any certainty.
The National Transportation Safety Board (NTSB) and OSHA, Occupational Safety and Health Administration are both conducting investigations, which could take up to a year.
The standard for filing a worker’s compensation claim in Florida goes beyond proving negligence. The law, geared at protecting theme parks, limits compensation to $150,000 but that is for dependents of those injured or killed, so a parent would not qualify. The injured or survivors of the deceased, have to prove that the employer deliberately intended to injure the employee or the employer engaged in actions that were “virtually certain” to result in injury or death. Our condolences go out to the family of this young man who was simply working his way through college.
If you or a loved one has suffered injury due to a workplace accident, the skilled Jacksonville workers compensation attorneys at Farah and Farah can help you seek justice for financial hardships caused by the negligence of others. For a free consultation, call us today at 800-533-3555.