Walt Disney World Drops Bid to Dismiss Wrongful Death Lawsuit by Widower Who Subscribed to Disney+
The company is now waiving its right to arbitration, stating that “this situation warrants a sensitive approach”
Travis Wise/Flickr/CC BY 2.0
Walt Disney World in Orlando, Fla.Disney is backtracking on the company’s push to dismiss a wrongful death lawsuit on the grounds that the victim’s husband previously signed up for the Disney+ streaming service.
In February, Jeffrey Piccolo filed a $50,000 lawsuit against Disney after his wife Dr. Kanokporn Tangsuan, a physician at NYU Langone Hospital, died last year. Court documents reviewed by PEOPLE claim Tangsuan suffered a fatal allergic reaction after eating at a Disney Springs restaurant.
On Aug. 19, Josh D’Amaro, chairman of Disney Experiences, told PEOPLE in a statement that the company is now waiving its right to arbitration.
“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” he said. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Initially, Disney claimed in a legal filing that the lawsuit should be dismissed because Piccolo signed up for a one-month trial of Disney+ back in 2019 — and the contract requires users to arbitrate all disputes with the company.
According to court documents, the terms and conditions Piccolo agreed to when purchasing theme park tickets in 2023 also protect the company from his lawsuit.
Following the news that Disney is reversing course, Piccolo’s lawyer, Brian Denney, told the Associated Press that his client will continue to “pursue justice on behalf of his beloved wife” and hopes that this helps raise awareness of the challenges people with food allergies face.
“The right to a jury trial as set forth in the Seventh Amendment is a bedrock of our judicial system and should be protected and preserved,” he said in an emailed statement. “Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism.”
Piccolo’s lawsuit details Tangsuan’s death as having occurred on Oct. 5, 2023. Court documents state that she was having dinner at Raglan Road Irish Pub in the park’s Disney Springs area and allegedly told the waiter that she had severe allergies to dairy and nuts, asking multiple times to confirm that various items on the menu were able to be served allergen free.
Per the documents, after the waiter allegedly confirmed that the meal was allergen free, Tangsuan ate the meal. She suffered a severe allergic reaction and ultimately died later at the hospital. Her cause of death was “a result of anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit states.
A case hearing is currently scheduled for Oct. 2.
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