Disney has reportedly decided to move forward in a Florida wrongful death lawsuit in court, withdrawing a previous arbitration demand over its Disney+ subscription.
The Walt Disney Co. has agreed to settle out of court a wrongful death lawsuit brought by the widow of a man who had signed up for a Disney+ streaming service trial in 2019. The company reversed its previous position that the case should be resolved through arbitration. ReutersThe lawsuit was reportedly filed by Jeffrey Piccolo, the wife of Kanokpong Tangsuan, whose wife died from an allergic reaction after eating at Raglan Road Irish Pub & Restaurant at Disney Springs Shopping Center in Orlando, Florida.
“We believe this situation requires a sensitive approach to expedite resolution for the family who has experienced such a devastating loss. As such, we have decided to waive our right to arbitration and pursue this matter in court,” Disney Experience Chairman Josh D'Amaro said in an emailed statement to the media.
Image not from article: Florida Governor Ron DeSantis has asked to disqualify a federal judge from a First Amendment lawsuit brought by Disney.
ORLANDO, FL – MAY 22, 2023: Sign near the entrance to Walt Disney World in Orlando, Florida. Florida Governor Ron DeSantis is seeking to recuse himself from a federal judge in a First Amendment lawsuit brought by the Walt Disney Company against the governor of Florida and his appointees. The lawsuit concerns the governor's assumption of a special Disney district after Disney opposed a Florida law critics have dubbed “Don't Say Gay.” (Photo by Joe Raedle/Getty Images)
The tragic incident occurred on Oct. 5, 2023, when Piccolo, Tang Xuan and her mother chose to dine at the Raglan Road restaurant because it was touting its food allergy friendly initiatives, which Disney also promotes. Complaints The lawsuit was filed in an Orange County, Florida court. The waiter allegedly assured Tang Xuan that her meal was allergen-free after she repeatedly requested it. A medical examiner determined that Tang Xuan had a fatal anaphylactic reaction due to elevated levels of nuts and dairy in her system, according to the lawsuit. (Related article: Judge issues preliminary injunction against Disney, Fox and Warner Bros. sports streaming services)
Disney made no mention of arbitration in its initial response to the complaint in April and maintained it was not liable for Tang Xuan's lawsuit. death According to Reuters, Disney does not oversee the operation or management of Raglan Road, but acts as a landlord for the restaurant. In a May filing, Disney reportedly filed a new defense. According to Reuters, the company argued that the case should be sent to arbitration because Piccolo subscribed to Disney+ and purchased tickets for the 2023 theme park on the company's website.
Joseph Sellers, a plaintiffs' lawyer who specializes in class action lawsuits, told Reuters that Disney's decision to waive arbitration in this case is unusual and suggests the company's legal counsel may have concluded that the Disney+ contract doesn't apply. He reportedly noted that for an arbitration agreement to be enforceable, it must clearly inform consumers that they are agreeing to arbitrate certain claims.
“It would be more embarrassing for the company to litigate the issue and lose than to simply walk away from the arbitration agreement,” Sellers told the outlet.
According to the lawsuit, which will now proceed through court, Piccolo alleges that Disney and Raglan Road failed to meet their obligations to provide a safe dining experience for people with severe food allergies.
