Family of boy killed on bike at FW suing WDW

[DisCamper]

Everyone wants to ban golf carts let’s ban bikes also. As you can see bike are very deadly. Even if Disney would make everyone walk in bubble wrap someone would get hurt and sue.

 

[Tonka's Skipper]

Hi Everyone,

My two cents!

I know some feel the family here may not be just looking for the money, but ...........it hard to explain away the fact the atty they are using was hired the day after the accident.............I my opinion , they are after the money.

So.... if they do get any money and want to show that they aren't after the money..I agree with what some others have said, that the money should be givine to charity!

AKK

 

[auntie]

Maybe they have a friend or relative who's a lawyer. It's not unheard of you know. Sometimes when you're in too much pain to think straight, having someone who is knowledgeable and clear headed around is a good thing. Sometimes it's a friend or family member..who hires a lawyer, so when the numbness wears off...you have some options.
Trust me, they didn't put their kid in the ground..and leave the cemetary thinking..."Whooo..hooo..now we're gonna live like millionaires".

If they get some money..good for them. I could care less. If the lawsuit implements some change to the particular area of roadway, so that the next time a kid panics and looses control of his bike, he doesn't hit a bus..that would benefit everyone who camps in FW.

 

[mnsprk]

If the lawsuit implements some change to the particular area of roadway, so that the next time a kid panics and looses control of his bike, he doesn't hit a bus..that would benefit everyone who camps in FW.

You would have to fence all the sidewalks. We had a kid ride across the wide (5-6 ft) grass strip right out in front of us in Feb,.luckily I was able to stop. Oh, and his parents were right in back of him on the walk....I know my pick-up didn't suck him across the grass! We were all going the same direction as well.

 

[auntie]

Everyone wants to ban golf carts let’s ban bikes also. As you can see bike are very deadly. Even if Disney would make everyone walk in bubble wrap someone would get hurt and sue.

You may as well throw in the Kungaloosh too...after you wrap yourself in bubble wrap that is..
I don't think anyone wants golf carts or bikes..banished from FW.


I guess it really depends on what you think is a frivolous law suit. I don't by any means condone them. Only..this isn't a kid who lost his toe nail because he rode his bike without his sneakers on type of thing.

Granted, while we have become a litigious society to be sure, not every law suit is frivilous, and to pass judgements on a specific family without really being privy to all the details...I just think that's..well, not very kind. You just gotta think..that there but for the grace of God go I. It could have happened to anyone of us. Whose to say, what we'd really do.
I think there are some serious concerns here...and there have been people in this forum who have stated they have had some nerve wracking moments with this particular area of roadway. Luckily, they weren't eight, and on a bike that had a flat as a bus went passed.

 

[clkelley]

Luckily, they weren't eight, and on a bike that had a flat as a bus went passed.

That's the entire issue here. He was on a bike that had a flat tire, and from interviews his parents gave right after the accident, he was an inexperienced rider. (In one of the news articles, his mother stated that he rode very little at home, just up and down his street a little bit)

His age was not an issue, the fact that his parents weren't with him wasn't an issue. His inexperience as a rider and the flat tire were the issues. We can only "protect" our children so long. It is a better protection to teach them to do things independently.

 

[DisCamper]

My question is? If this happen around their home by people that are there friends would they sue anyone?

 

[des1954]

This article says they are suing for a minumum of $15K. Who sues for $15K??? That would probably amount to the funeral expense. Maybe the greater issue is the fact that the family DOES want safety measures taken to insure this does not happen again. In any event, I doubt the Brubakers will ever have any desire to come back to Disney. It's no longer a magical place for them.

http://www.clickorlando.com/news/25373465/detail.html

Honestly - how many of us have complained here on this board that Disney does not enforce their own rules? (Not that this boy was breaking any rules - but we've all seen those that do & Disney just looks the other way.)

 

[2goofycampers]

This article says they are suing for a minumum of $15K. Who sues for $15K??? That would probably amount to the funeral expense. Maybe the greater issue is the fact that the family DOES want safety measures taken to insure this does not happen again. In any event, I doubt the Brubakers will ever have any desire to come back to Disney. It's no longer a magical place for them.

http://www.clickorlando.com/news/25373465/detail.html

Honestly - how many of us have complained here on this board that Disney does not enforce their own rules? (Not that this boy was breaking any rules - but we've all seen those that do & Disney just looks the other way.)

I think it would be a nice gesture of WDW to pay for the funeral expenses. But, I'm sure that would be taken as an admission of guilt and their lawyers wouldn't allow that. I wonder what the maximum is ?

One accident does not constitute for safety measures. It was wrong time, wrong place and a flat tire.

If I slip on my kitchen floor after living here 13 years cause I had socks on that were slippery on the vinyl. Should I install a handrail? I don't think so.

 

[Tonka's Skipper]

Good morning Everyone.

I know this is going to start a blood bath ....

I am sorry Auntie but I totally disagree...On the next day,the average person/family is hurting and in pain at thier loss,not thinking positioning themselves for a suit and looking for a atty and giving tv interviews announcing they hired a atty..........family member or not!

I know this will sound hard and it is hard........but........I think the family is lucky they were not under arrest for child abuse/negleck...............they let a young child who they addmitted was a inexprienced rider go off on a unsafe/unsable bike (with the flat tire), unwatched, near a busy campground main road!!

I honesty, cannot understand the pain they must feel, but if it was me,I would be blaming myself!

Again, this is being put flat out and hard..but those are the facts....


AKK

 

[John VN]

I do not know where the ride originated but it is a little difficult for me to picture the inexperienced 8yo riding a bike for any great distance if the rear tire is flat and the front tire is low in pressure.

Although the official report mentions the pressures, when the drive tire is flat it generally is fairly difficult to pedal the bike, even for a short distance.

 

[auntie]

Good morning Everyone.

I know this is going to start a blood bath ....

I am sorry Auntie but I totally disagree...On the next day,the average person/family is hurting and in pain at thier loss,not thinking positioning themselves for a suit and looking for a atty and giving tv interviews announcing they hired a atty..........family member or not!

I know this will sound hard and it is hard........but........I think the family is lucky they were not under arrest for child abuse/negleck...............they let a young child who they addmitted was a inexprienced rider go off on a unsafe/unsable bike (with the flat tire), unwatched, near a busy campground main road!!

I honesty, cannot understand the pain they must feel, but if it was me,I would be blaming myself!
'

Again, this is being put flat out and hard..but those are the facts....


AKK

With all due respect..those are "facts" as you see them. Again, we all bring our own persepective to things.


A couple of things. One,... I've put a child in the ground. I know what that's like.

Two..
The idea that this family would have a lawyer after such a tragedy..doesn't make them bad people who were instantly thinking about the $$$ before their child was in the ground.

Several years after our older daughter passed away, my children and I were hit by a car driven by an elederly driver (88), who lost control of his vehicle while pulling into a gas station. (he hit the gas instead of the brakes..very common especially with older folks)This while on route to Disney World for a family vacation. My kids were three and and seven at the time. We had pulled off the highway, and into the nearest gas station because we were having car trouble.
My then three year old son, was air lifted and flown to Childrens National Medical Center in DC..and my daughter was taken to a local hospital by ambulance. Our older son, was traumatized, as it was he and his father who pushed this mans car off of us, while I screamed and banged on the hood for him to back up, as we were pinned against the office wall.
Short story..my son was rushed into surgery and spent three months in a body cast, and the rest of the year learning to walk again. He has scars on his leg that will never go away from tears and avulsions that took MONTHS to heal. My daughter has a permanent injury to her right leg from the swelling that occured.

Trust me, I know all to well, what it's like to be on the receiving end of some of the accusatory insinuations much like the ones heard here.


"Mrs. Smith..if you saw the car...why is it you didn't place yourself in front of the children so as to prevent their injuries?"...
(gotta love that one) Umm..I'm not superwoman, but I live with guilt everyday. Thanks for asking.
Or another good one was....
"Mrs. Smith...why, didn't you take your children to the park directly across the street from the gas station, while your husband tended to the car?Wouldn't that have been safer for the children.?"
Let me see, I really wanted for my children to be crushed against a wall, and watch as my son's guts spread out onto the road.

Excuse me, but I can't help but hear just an inkling of this familiar superior tone expressed in some of the posts here. The insinuation by some that the parents weren't diligent enough in caring for their child. That's rubish.

I was lucky enough to have an attorney there by the time my boy came out of surgery. MY BROTHER is an attorney. Now, granted, truth be told.. he's not always my favorite person either.. but that has nothing to do with his profession.
Yes, he was clear thinking..he wasn't emotional..(okay, he was a little emotional as his daughter looks like my son's twin)..As my boy lay in his hospital bed, he told me not to worry about ANYTHING..but getting my kids the help they needed. That he would handle everything else. He did. He was at the scene taking pictures before it was twenty fours old and before anything could be conveniently moved. He hired attorneys from Maryland that would later continue our case.
Now before you think we walked away with a boatload of cash..we didn't. We settled, because it could go on forever...and it did. My son has enough to get through school..and we're talkin' a state school. Only you know what really came of it...
The gas station where my kids were hurt..had to close the damn snack shop they had and put back a safe waiting area for it's customers. Imagine, no one else will have to look at their childs guts on the ground.

Look folks, all I'm saying..is that there are a lot of variables here that we aren't privy to. Believe me..there are details regarding this accident none of us know. I will not bash the parents because they had the good sense..yes, even in their grief..to hire a lawyer. I believe that likely a friend or family member said to them...."I'll take care of it, you take care of your family."

I'm just sayin' there's A LOT out there that we just don't know about. Much of which will come out in depositions. Sure, it's likely it will never go to court. Now, maybe they'll get something, maybe they won't. Only I won't pass judgement on their character based on what I've read here. I've walked in their shoes.


_________________

 

[kaguilbeau]

. . . I've walked in their shoes.


_________________

Auntie - I just want to say thank you for sharing your story. I've stayed out of this discussion, because we never know what we'll do when this happens to us.

 

[bigdisneydaddy]

Courts and lawsuits are generally not the place where the "truth" comes out

 

[auntie]

I found out the gas station had illegally, without notifying the municipality it was located in made changes in the structure of the building. A snack shop was now where what was formerly a waiting room for customers. If a customer was having repair work done to their vehicle they had no place to stand or sit. That's why we wound up outside the office. Surely, if had I seen the park across the street, I would have taken my children there. Only this event occured within moments of our arrival.
I would not have found out about the change to building by myself. The lawyers found that out.
Now...the thing is, knowing it and being able to outlast and outfund lawyers for Exxon Mobile..that's quite another story.
Hmm..that might be like going up against Disney.

 

[Bourquefam]

I found out the gas station had illegally, without notifying the municipality it was located in made changes in the structure of the building. A snack shop was now where what was formerly a waiting room for customers. If a customer was having repair work done to their vehicle they had no place to stand or sit. That's why we wound up outside the office. Surely, if had I seen the park across the street, I would have taken my children there. Only this event occured within moments of our arrival.
I would not have found out about the change to building by myself. The lawyers found that out.
Now...the thing is, knowing it and being able to outlast and outfund lawyers for Exxon Mobile..that's quite another story.
Hmm..that might be like going up against Disney.

Auntie,
I was so very sad to read about you losing your daughter AND the horrible accident you and your children were involved in. You could have lashed out so many times at some of these posts, but you always replied with such kindness. That says a LOT about you and your character. You are one CLASSY lady.

Again, I'm so very sorry for your loss. I admire you and am inspired by the gracious way you handled yourself.

 

[auntie]

Thank you, I appreciate your thoughtful sentiments.
I'm not so special, as I know full well, there are others here that have certainly had their share of grief too.
Today my younger kids are 19 and 23 and I'm just happy to be able to say..THEY DRIVE ME CRAZY! but I wouldn't want it any other way. That's all that really matters.

 

[Tonka's Skipper]

hi Auntie

I am not in a position to feel yopur hurt, but I will say I still disagree with you and feel the loss you sufferred was a totally different situation.

May I politely and repectfully suggest we agree to disagree???

Ill say a prayer tonight for you and your family

I am dropping this threat and will comment no further.

AKK

 

[lklasing]

Auntie - I'm so very sorry for your loss. Thank you for sharing your story about the accident. I do think it is relevant regarding your point that judgment should not so quickly be passed on the family of that boy.

Again, I am so sorry for the loss of your daughter.

Leslie

 

[auntie]

hi Auntie

I am not in a position to feel yopur hurt, but I will say I still disagree with you and feel the loss you sufferred was a totally different situation.

May I politely and repectfully suggest we agree to disagree???

Ill say a prayer tonight for you and your family

I am dropping this threat and will comment no further.

AKK

No problem. I can do that. Hey, we all bring our own perspectives to any topic. It's what makes us who we are and certainly makes for a more interesting discussion. If we all felt the same way about everything this forum would be incredibly boring.