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Walt Disney Co on Monday agreed to have a court decide on a wrongful death lawsuit, brought by a widower in Florida, after earlier arguing the case belonged in arbitration because the man signed up for a trial of streaming service Disney+ 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 have experienced such a painful loss,” Josh D’Amaro, Chairman, Disney Experiences told Reuters in an emailed statement.
“As such, we’ve decided to waive our right to arbitration and have the matter proceed in court,” D’Amaro added.
The case began when Jeffrey Piccolo, his wife Kanokporn Tangsuan and her mother ate at Raglan Road Irish Pub and Restaurant on October 5, 2023, allegedly selecting the eatery because both Disney and Raglan advertised that it made accommodating people with food allergies a top priority.
Despite alleged assurances from the waiter that Tangsuan’s order was allergen-free, she had an acute allergic reaction and died of anaphylaxis from elevated levels of nut and dairy in her system, the complaint in Orange County court said.
They got confirmation that the food would be safe to eat numerous times, the lawsuit said: “When the waiter returned with [Tangsuan’s] food, some of the items did not have allergen-free flags in them and [Tangsuan] and [Piccolo] once again questioned the waiter who, once again, guaranteed the food being delivered to [Tangsuan] was allergen free.”
Shortly after finishing their meals, Piccolo went back to their hotel room while his wife and mother went shopping.
After splitting up to go into different stores with the intention of meeting up afterwards, Tangsuan collapsed on a shop floor struggling for breath, around 45 minutes after having eaten.
She self-administered an epi-pen before she was rushed to hospital, but tragically died. According to the legal suit, her death was confirmed by a medical examiner “as a result of anaphylaxis due to elevated levels of dairy and nut in her system.”
In its initial response in April to the complaint, Disney made no mention of arbitration, instead arguing it was not liable because it has no control over Raglan’s operations or management and merely serves 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 buy theme park tickets.
