January 30, 2010

Walt Disney World Sued For Wrongful Death

Walt Disney World had a wrongful death lawsuit filed against it by the mother of a former monorail driver who was killed in a monorail collision. According to details in the lawsuit Adam Wuennenberg was operating a monorail train for Walt Disney World when another monorail switched tracks and backed into him. The accident was so severe that Wuennenberg had to be extricated from the monorail and later died of injuries sustained in the train accident. The lawsuit alleges that Walt Disney World failed to put in place safety procedures which could have prevented the collision.

According to reports, investigations into the accident revealed that the monorail system coordinator was not at this assigned post when the accident occured. In a piece of good news for the plaintiff in this case, a Wat Disney World employee admitted to erroneously activating a track switch which seems to be the primary case of the train collision. In a related piece of news Walt Disney World was fined $32,500 by the Occupational Safety and Health Administration ("OSHA") for safety violations.

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January 11, 2010

Train Derailment Lawsuits Involving Wrongful Death and Personal Injury Settled for $39 Million

Southern California's commuter rail agency Metrolink will pay about $39 million to settle nearly all 189 wrongful death and personal injury lawsuits filed after the 2005 train derailment. Eleven train riders were killed and 180 injured when a man parked his SUV on the train tracks. The lawsuit alleged that Metrolink should have provided better safety controls to prevent the accident from occuring.

In wrongful death cases in Illinois it is important to prove that the person who died could have brought a lawsuit had that person survived. Another words, if the deceased person could have sued, the family can sue. In this case, as in other cases involving trains, personal injury and wrongful death, some of the issues to prove liability would be the speed of the train, the attention the conductor was paying to the tracks, any obstructions and the care Metrolink took in making sure the tracks would remain clear from obstacles that may result in an accident.


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