9 year-old Chase Brubaker was killed at the Disney Fort Wilderness Lodge last April. Brubaker was on his bicycle and wearing a helmet, moving along near the sidewalk just before the collision. Moments later Brubaker would meet his tragic end when a Disney bus struck Brubaker and pulled him under its wheels. The driver, David R. Rich, has also been named as a party in the Disney bus death suit. His mother has now filed a wrongful death lawsuit against Walt Disney Parks and Resorts.
Wrongful death is the taking of another person’s life as a result of a willful or negligent act. When a wrongful death occurs, the heirs and other beneficiaries can bring a civil action for wrongful death. A wrongful death action requires that the plaintiff prove a lower level of guilt compared to the prosecution in a criminal action. For the plaintiff to prevail in a wrongful death action, they must prove their case upon a preponderance of the evidence. The standard is much higher in a criminal case: beyond a reasonable doubt.
Disney spokeswoman Zoraya Suarez said the driver was not at fault, but acknowledged that, “it doesn’t lessen the sadness we feel for the Brubaker family.”
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