Florida Today has the complaint from the family of the cast member killed in last summer’s monorail accident. From Disney’s perspective it’s a chain of bad luck that resulted in tragedy, from the family’s perspective, it’s pretty damning.

In newly filed court papers, the family claims the monorail cockpit Wuennenberg was riding in had “virtually no bracing or frame support whatsoever”. They allege that Disney officials knew “a collision is certain to … injure or kill anyone in it.”

According to the family’s lawsuit, anyone in the control tower could “simply push a button to stop this terrible collision… and therefore save Austin’s life.”

“The monorail manager flippantly continued eating his Perkins meal … while blindly issuing radio commands to the monorail drivers. Indeed, this was a case of the blind leading the blind,” Wuennberg’s attorney argues in court papers.

Disney has not responded to these court papers. But they have made a number of changes at the Monorail systems that deals with the oversights of that night.

I’m left wondering why Disney hasn’t settled with the Wuennberg family. There is no way they will come out the good guys by letting this go to court. Perhaps they’re waiting for the final report from the NTSB before making a settlement offer, I don’t know.