Mother of Monorail Victim Denied Evidence Discovery Request

Several outlets reported today that the mother of Austin Wuennenberg, the Disney Monorail operator who was killed in a tragic collision on July 4, had filed a petition earlier in the week for a Pure Bill of Discovery. The petition, filed on behalf of Christine Wuennenberg, requested she have access to evidence that Disney may be in possession of in regards to the incident including video of the Monorails, audio communication and ‘black box’ data. Wuennenberg’s lawyers also requested access to the complete list of witnesses, employees involved in Monorail operation and logs of said employee’s whereabouts for months leading up to the crash. The petition cited a concern that evidence ‘may be destroyed, erased and/or altered.’ An alternate request to insure that Disney did not destroy any potential evidence was also made.

While no official signed order denying the request has been filed as of yet, electronic court records indicate that the request has been denied. No determination has been made in terms of the alternate request as of yet.

This article which covers the rulings thus far also goes on to explain the challenges involved in a successful wrongful death suit against an employer in the state of Florida, suggesting that the standard of proof may be higher than even that of manslaughter.

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