The Walt Disney Company has consented to allow a court to adjudicate a wrongful death lawsuit filed by a widower in Florida, after previously contending that the matter should be resolved through arbitration due to the man's enrollment in a trial of the Disney+ streaming service in 2019. The lawsuit was initiated by the husband of a woman who passed away last year following an allergic reaction after dining at a restaurant within the Disney Springs shopping complex in Orlando.
Josh D'Amaro, Chairman of Disney Experiences, stated in an emailed response to Reuters, "We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss." He further noted, "As such, we've decided to waive our right to arbitration and have the matter proceed in court." The incident occurred when Jeffrey Piccolo, his wife Kanokporn Tangsuan, and her mother dined at Raglan Road Irish Pub and Restaurant on October 5, 2023.
They reportedly chose this establishment because both Disney and Raglan emphasized their commitment to accommodating individuals with food allergies. Despite assurances from the waiter that Tangsuan's meal was free of allergens, she suffered a severe allergic reaction and ultimately died from anaphylaxis due to high levels of nuts and dairy in her system, as detailed in the complaint filed in Orange County court. In its initial response to the complaint in April, Disney did not reference arbitration, instead asserting that it bore no liability as it does not oversee Raglan's operations or management, serving merely as its landlord.
In a subsequent filing in late May, Disney introduced a new argument, claiming that the complaint should be subject to arbitration based on Piccolo's Disney+ subscription and his use of the company's website in 2023 to purchase theme park tickets.
