Family of Boy, 4, Injured on Ride Sues Disneyland

The family of a 4 1/2-year-old boy severely brain damaged after being trapped under a Disneyland ride filed a lawsuit against the park late Tuesday afternoon demanding unspecified damages and a jury trial.

The complaint filed in Los Angeles County Superior Court accuses the Anaheim amusement park of negligence and wrongdoing that led to the Sept. 22 accident on the Roger Rabbit Car Toon Spin ride.

The suit follows a state report issued Friday that criticizes Disneyland employees for improperly loading Brandon Zucker closest to the open entryway and apparently failing to lower the lap bar. The state Division of Occupational Safety and Health also is requiring park officials to make major safety changes before the ride can reopen.

Disneyland officials said Tuesday that they continue to pray for Brandon’s recovery, but have repeatedly denied any fault in the boy’s injuries.

“The only thing they’re going to understand is a lawsuit . . . and a jury telling them that they owe this family,” Los Angeles attorney Thomas Girardi said last week when the state report was released. Girardi was out of the country and could not be reached for comment Tuesday.

The little boy fell out of the spinning “taxicab” in which he was riding with his mother and 6-year-old brother. He was pinned beneath the following car, which was carrying his father and grandmother. Their vehicle rolled over him, folding his 45-pound body in half, and dragged him about 10 feet. He was stuck under the heavy ride for about 10 minutes before being freed, according to fire and police reports.

Emergency crews found Brandon lifeless, but it is unclear how long he went without oxygen. He suffered a fractured pelvis, broken tailbone, ruptured diaphragm, lacerated spleen and internal bleeding. Doctors said he also suffered severe brain damage--the extent of which is still unknown--and lost his vision.

The Zuckers recently relocated from Canyon Country in northern Los Angeles County to Irvine so they could be near Brandon, who is being treated at HealthBridge Children’s Rehabilitation Hospital in Orange.

The lawsuit accuses Disneyland of negligence, fraud and intentional infliction of emotional distress.

Disneyland spokesman Ray Gomez declined to answer questions about the lawsuit and issued a prepared statement Tuesday.

“All of us at Disneyland were saddened by the tragic accident involving Brandon Zucker. Our hearts go out to him and his family, and we all pray for progress in his recovery,” the company statement reads.

“In seven years, 20 million young people and adults have ridden the Roger Rabbit ride. During that time, only two incidents have occurred in which riders came out of the vehicle. One of the incidents resulted from a teenage rider intentionally getting out of the vehicle while it was moving. The injury to Brandon was not the result of any negligence or wrongdoing on the part of Disneyland or its cast members.”

Although the state investigation found that Disneyland’s emergency response was appropriate, the park came under sharp criticism from visitors who witnessed the aftermath of the accident. In its statement, Disneyland said employees responded rapidly. But the lawsuit said there was a “substantial delay” in contacting outside help. It also charges that employees walked away rather than helping the trapped child.

Frank Leon, a witness who tried to free Brandon in the frantic moments after the accident, said he had to push past park employees to help.