This is the second suit brought against Disney concerning the crash; the first came in September when the family of Marcelo Torres, who was killed in the crash, sued Disney for wrongful death. The suit brought by Alvarado alleges defective ride design, negligence, and unsafe operating procedures.

It is unknown how much money Alvarado is seeking. When state workers inspected Thunder Mountain they discovered failure to perform proper maintenance. Disney denies the negligence is a sign of a broader problem.

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