Walt Disney Parks and Resorts U.S. and Disney bus driver David R. Rich are facing a wrongful death lawsuit by the mother of the 9-year-old boy killed by a Disney bus. The boy was riding his bicycle in April of this year when the bike was pulled under the rear wheels of the bus heading south on Big Pine Road in Disney’s Fort Wilderness Resort and Campground. He was wearing a safety helmet, riding on the sidewalk. The lawsuit filed in Orlando’s Circuit Court points to sidewalk conditions and the park bus system for the death.
According to the Orlando Sentinel, the lawsuit states that pedestrians often must step off the sidewalk and onto the roadway or an unpaved wetland area to avoid other cyclists and pedestrians. Railings and steep gullies stop people from stepping toward the interior of the park when trying to pass others, according to the complaint.
“Consequently, contact between a pedestrian and a bus or vehicle was reasonably foreseeable to occur and therefore cause serious injury or death to the pedestrian,” the lawsuit claims.
Disney was sued earlier this year by a tourist alleging negligence, battery, negligent infliction of emotional distress and intentional and reckless infliction of emotional distress caused by a person in a Donald Duck costume groping a woman’s breast. A Disney jury trial, based on alleged safety problems on a theme park ride, ended in May 2010 in Disney’s favor.