Disney Assisted in Probe of Accident, Letters Show

Disneyland officials worked closely with state officials investigating the September accident on the Roger Rabbit’s Car Toon Spin ride but repeatedly emphasized their belief that the ride is safe, according to correspondence released by the state on Wednesday.

The state Division of Occupational Safety and Health investigated the Sept. 22 accident that left Brandon Zucker, 4 1/2, severely brain-damaged. Brandon fell out of his ride car and was pinned under another car for about 10 minutes.

The state’s investigation found that Disneyland ride operators seated Brandon and his family on the ride improperly. Brandon was seated closest to the cutout opening of the ride and most likely fell through that opening, the report said. Disneyland training procedures call for seating the smallest person away from the open entryway.

The investigation also determined that employees probably failed to lower the lap bar completely. The state ordered Disneyland to make several safety changes before the ride can reopen. Disneyland officials said they disagreed with the state’s findings but would comply with its requirements.

In a series of letters between Disneyland’s legal counsel and state officials during the probe, Disneyland continually pledged to work closely with investigators despite repeated assertions that the ride is safe.

“We do not feel that any changes in the attraction are warranted,” wrote Disneyland General Counsel Jeffrey Paule in a Nov. 30 letter. “Nevertheless, without admitting liability, wrongdoing or violation of any law or regulation, or that the Roger Rabbit attraction is unsafe or potentially unsafe, we are prepared to cooperate fully with DOSH.”