Disney has decided to abandon its motion to compel arbitration in a lawsuit brought by Jeffrey Piccolo, who alleges his wife died from anaphylaxis after a restaurant at a Disney complex failed to honor requests for allergen-free food.
Disney’s motion controversially cited the Disney+ streaming service subscriber agreement, which includes a binding arbitration clause. Plaintiff’s lawyer Brian Denney called the argument “absurd.”
Disney confirmed it will withdraw the motion, which it filed on May 31. “At Disney, we strive to put humanity above all other considerations,” said Disney Experiences Chairman Josh D’Amaro. “We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we have decided to waive our right to arbitration and have the matter proceed in court.”
The lawsuit, filed by Piccolo, a New York resident, against Raglan Road Irish Pub and Restaurant and Walt Disney Parks and Resorts, stems from an October 2023 incident at the Disney Springs complex.
Piccolo’s lawyer, Denney, wrote in a court filing that “there is simply no reading of the Disney+ Subscriber Agreement, the only Agreement Mr. Piccolo allegedly assented to in creating his Disney+ account, which would support the notion that he was agreeing on behalf of his wife or her estate, to arbitrate injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort from which she died. Indeed, the Disney+ Subscriber Agreement was only between Mr. Piccolo and Disney+, not WDPR [Walt Disney Parks and Resorts] or any other Disney Affiliates.”
Piccolo’s late wife, Kanokporn Tangsuan, was highly allergic to dairy and nuts. The lawsuit alleges that Tangsuan and her family advised the waiter of her severe food allergies, and the waiter confirmed that the food would be allergen-free. Despite this, Tangsuan began having severe difficulty breathing and self-administered an EpiPen. She was rushed to the hospital but did not survive.
“The medical examiner’s investigation determined that Kanokporn Tangsuan’s cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.
The case is being heard in the 9th Judicial Circuit Court in Orange County, Florida.
Further details can be found in the original article on Ars Technica.