Walt Disney Co. has agreed to let a court decide a wrongful death lawsuit filed by a widower in Florida, after earlier arguing that the case belonged in arbitration because the man signed up for a trial of the Disney+ streaming service in 2019.
The lawsuit was filed by the husband of a woman who died last year from an allergic reaction after eating at a restaurant in the Disney Springs shopping complex in Orlando.
“We believe this situation warrants a sensitive approach to expedite a resolution for the family who has experienced such a painful loss,” Josh D’Amaro, president of Disney Experiences, told Reuters in an emailed statement.
«Therefore, we have decided waive our right to arbitration and make the matter proceed in court,” D’Amaro added.
Death by anaphylaxis
The case began when Jeffrey Piccolo, his wife Kanokporn Tangsuan, and her mother ate at the Raglan Road Irish Pub and Restaurant on October 5, 2023, allegedly choosing the restaurant because both Disney and Raglan announced that catering to people with food allergies was a priority. top priority.
Despite the waiter’s supposed assurances that Tangsuan’s order contained no allergens, she had an acute allergic reaction and died of anaphylaxis from the elevated levels of nuts and dairy in her body, according to the complaint in Orange County court.
In its initial response to the complaint in April, Disney did not mention arbitration, instead arguing that it was not liable because it has no control over Raglan’s operations or management and is merely acting as its landlord.
In another filing in late May, Disney offered a new defense: that the complaint is subject to arbitration based on Piccolo’s Disney+ subscription, as well as his use of the company’s website in 2023 to purchase theme park tickets.
