Walt Disney Co has consented to allow a court to determine a wrongful death lawsuit filed by a widower in Florida, reversing its earlier stance that the case should be handled through arbitration due to the man's enrollment in a Disney+ streaming service trial in 2019. The lawsuit was initiated by the spouse of a woman who passed away last year due to an allergic reaction experienced at a restaurant within the Disney Springs shopping complex in Orlando.
"We feel that this case requires a compassionate approach to facilitate a swift resolution for the family who have suffered such a profound loss," stated Josh D'Amaro, Chairman of Disney Experiences, in a statement sent to Reuters via email. "Consequently, we have chosen to relinquish our right to arbitration and will proceed with the case in court," D'Amaro further explained.
The incident unfolded when Jeffrey Piccolo, along with his wife Kanokporn Tangsuan and her mother, dined at Raglan Road Irish Pub and Restaurant on October 5, 2023, selecting the venue based on advertisements from both Disney and Raglan emphasizing their commitment to accommodating guests with food allergies. Despite assurances from the server that Tangsuan's meal was free of allergens, she suffered a severe allergic reaction and subsequently died from anaphylaxis caused by high levels of nut and dairy in her system, as detailed in the complaint filed in Orange County court.
Initially, in its response to the lawsuit in April, Disney did not raise the issue of arbitration, instead contending that it was not responsible as it does not control Raglan's operations or management and merely acts as its landlord. However, in a subsequent filing in late May, Disney introduced a new argument: that the lawsuit should be arbitrated based on Piccolo's subscription to Disney+ and his use of the company's website in 2023 to purchase theme park tickets.
