Disney has dropped its attempt to have an allergy death lawsuit thrown out because the man whose wife died signed up for a trial of Disney+.
Jeffrey Piccolo launched a wrongful death lawsuit against Disney and the owners of a restaurant after his wife died in 2023 from a severe allergic reaction following a meal at Disney World, Florida.
But the entertainment giant had argued that the case should go to arbitration instead of court, because of small print in the terms and conditions of its Disney+ streaming service, which Mr Piccolo had briefly signed up for in 2019.
After a backlash, Disney has announced a u-turn.
"We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss," a company spokesperson said.
"As such, we've decided to waive our right to arbitration and have the matter proceed in court.”
According to Orange County court filings, Mr Piccolo, his wife Kanokporn Tangsuan and her mother ate at Raglan Road Irish Pub and Restaurant on October 5, 2023, because it was advertised by Disney as accommodating those with food allergies.
The venue is independently operated but Disney is its landlord.
Despite alleged assurances from the waiter that Ms 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 claims.
In its initial response Disney argued it was not liable because it has no control over Raglan's operations or management and merely serves as its landlord.
But then it began to claim that the case was subject to arbitration because of Mr Piccolo's Disney+ subscription.
In arbitration, a dispute is overseen by a neutral third party, which is quicker than a trial process, but it means evidence would not be put in front of a jury.
Lawyers for Mr Piccolo said: "Attempts by corporations like Disney to avoid jury trials should be looked at with scepticism", adding: "He also hopes these recent events have raised awareness of the millions of people of all ages and walks of life who suffer with food allergies.”
Mr Piccolo is suing Disney for more than $50,000 (£38,400), in addition to other damages such as medical costs.
