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Disney admits liability in wrongful death lawsuit
Reuters
12/5/2005


The Walt Disney Co. has admitted liability in the death of a 22-year-old man who was crushed on a roller coaster at Disneyland in 2003, the company and the victim's family said on Friday.

Disney agreed to admit that the death of Marcelo Torres was caused by maintenance and mechanical failures on the Big Thunder Mountain Railroad as a condition of the settlement of the wrongful death lawsuit brought by his family.

Disney had made the same admission of liability in 2003 after a state safety investigation concluded that poorly trained mechanics and ride operators, as well as mechanical failure, had caused the accident.

"We deeply regret that the tragic accident occurred and are terribly saddened by the grievous pain this caused the Torres family," Rob Doughty, spokesman for Anaheim, California-based Disneyland, said in a statement.

The public admission of liability was unusual for Disney, which is known for aggressively defending itself against lawsuits over theme park accidents.

Terms of the settlement were confidential but Torres' parents announced the establishment of an arts scholarship at Brooks College, from which Torres graduated.

Trial had been scheduled to start on Monday in Orange County Superior Court.

Marcelo Torres was killed and his best friend, Vicente Gutierrez, was injured when their railroad car derailed in a tunnel and crashed into another car that had come loose.

Torres died at the scene and Gutierrez and several other passengers were hospitalized. Gutierrez was also a plaintiff in this case and his claim was settled as well.




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