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CASE DESCRIPTION:  Two friends were riding in the front passenger car of Big Thunder Mountain at Disneyland when the train derailed causing the death of Marcelo T. and injuries to Vicente G.  
 
RESULT:  Confidential Settlement

This case involved the wrongful death of Marcelo T., a 22-year old graphic designer, on the Big Thunder Mountain Railroad roller coaster at Disneyland, California.  The decedent and his best friend and business partner, Vicente G., were seated in the front of the first car just behind the faux locomotive. The train had been experiencing numerous mechanical problems for weeks prior to and including September 5, 2003.

Investigation reports confirmed Marcelo’s fatal injuries occurred when the first passenger car collided with the underside of the locomotive.  The derailment was in part the result of a mechanical failure, which occurred as a result of, among other things, omissions during a maintenance procedure of at least two required actions, the left side upstop/guide wheel on the floating axle of the locomotive was not tightened in accordance with specifications; and a safety wire was not installed and/or completed the necessary maintenance required by said tagging system, all with knowledge of Disney management. 

Plaintiffs’ claim for wrongful death of son as a result of the locomotive’s floating axle shifting and derailing.  As the locomotive entered the last turn before the tunnel, the train started to severely deteriorate.  The derailed wheels slammed into the brakes attached to the floor between the rails.  This impact forced the rear of the locomotive up and its nose down. When the front of the locomotive struck brake four, the back shot upwards toward the ceiling of the tunnel caused the locomotive to violently break away from the other cars as it pitched up, causing the locomotive to slam into the tunnel roof and crash down on top of the first passenger car.

TYPE OF CASE: Wrongful Death, Negligence; Strict Products Liability   

INJURIES: The entire weight of the locomotive crashed down on top of Marcelo T., crushing his chest, and pinning his body to his seat.  The force of the locomotive drove his body back so far it bent the safety railing of the row behind him.  Although seriously injured, Marcelo T. was alive and struggling due to the severe impact.   Marcelo T. remained trapped in his seat and died of extensive internal bleeding resulting from severe blunt force trauma to his chest causing rib fractures and lacerations to his lung at the scene of the incident and other injuries. 

DATE & LOCATION OF INCIDENT: On 9/5/03 at Disneyland on th Big Thunder Mountain ride in Anaheim, California.

PLAINTIFF’S AGE:   
Marcelo T., Decedent - 22 at the time of the incident.
Jaime T., Father – 51 at time of the incident. 
Carmen T., Mother - 48 at time of the incident.

OCCUPATION: 
Marcelo T. - Graphic Designer  
Jaime T. - Handyman 
Carmen T. - Housekeeper

PLAINTIFFS’ ATTORNEYS:  
Wylie A. Aitken & Christopher R. Aitken
AITKEN, AITKEN & COHN
For Plaintiffs – Jaime, Carmen T.  & The Estate of Marcelo T.

DEFENDANT’S ATTORNEYS: 
Warren Platt, Gary Wolensky & Janet Hickson
SNELL & WILMER 
For Defendant – The Walt Disney World Company
   
Also for Defendant
Jack Yellin
WALT DISNEY COMPANY 

DEFENDANT INSURANCE CO.: The Walt Disney Company  

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