Disney has reportedly decided to let a wrongful death lawsuit in Florida proceed in court, reversing its earlier push for arbitration due to a Disney+ subscription.
Walt Disney Co. has agreed to have a wrongful death lawsuit brought by a widower decided in court, reversing its earlier position that the case should be settled through arbitration due to the man’s prior sign-up for a Disney+ streaming service trial in 2019, according to Reuters. The lawsuit was reportedly filed by Jeffrey Piccolo, whose wife, Kanokporn Tangsuan, died from an allergic reaction after dining at Raglan Road Irish Pub and Restaurant at the Disney Springs shopping center in Orlando, Florida.
“We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court,” Chairman of Disney Experiences Josh D’Amaro said in an emailed statement to the outlet.
Image not from story. Florida Gov. Ron DeSantis Requests Federal Judge To Be Disqualified From The First Amendment Lawsuit Filed By Disney
ORLANDO, FLORIDA – MAY 22: A sign near an entranceway to Walt Disney World on MAY 22, 2023 in Orlando, Florida. Florida Gov. Ron DeSantis is asking that a federal judge be disqualified from the First Amendment lawsuit filed by Walt Disney Co. against the Florida governor and his appointees. The case revolves around the Governor taking over Disney’s special governing district after Disney opposed Florida legislation that critics have dubbed “Don’t Say Gay.” (Photo by Joe Raedle/Getty Images)
The tragic incident occurred on Oct. 5, 2023, when Piccolo, Tangsuan, and her mother chose to dine at Raglan Road due to its advertised commitment to accommodating food allergies, a priority also promoted by Disney, according to the complaint filed in an Orange County, Florida court. The waiter allegedly assured that Tangsuan’s meal was allergen-free after repeated requests. Tangsuan suffered a fatal anaphylactic reaction caused by elevated levels of nut and dairy in her system, a medical examiner determined, according to the complaint. (RELATED: Judge Issues Temporary Injunction Against Disney, Fox, Warner Bros’ Sports Streaming Service)
Disney did not mention arbitration in its first response to the complaint in April, instead claiming that it was not liable regarding Tangsuan’s death because it has no oversight of Raglan Road’s operations or management and functions as the restaurant’s landlord, Reuters reported. In a May filing, Disney reportedly introduced a new defense. The company argued that the case should be sent to arbitration due to Piccolo’s Disney+ subscription and his purchasing of theme park tickets in 2023 on the company’s website, according to the outlet.
Disney’s decision to forgo arbitration in this case is atypical and implies the company’s legal counsel may have concluded that the Disney+ agreement would not apply, Joseph Sellers, a plaintiffs’ lawyer who specializes in class action cases, told Reuters. He reportedly noted that, for an arbitration agreement to be enforceable, consumers must be clearly notified that they are agreeing to arbitrate particular claims.
“It would be more embarrassing for the company to litigate that issue and then lose, as opposed to just walking away from the arbitration agreement,” Sellers told the outlet.
The case will now proceed in court with Piccolo alleging that Disney and Raglan Road failed to fulfill their duty to provide a safe dining experience for individuals with severe food allergies, according to the complaint.