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Disney has decided not to pursue a dismissal of a wrongful death lawsuit filed in Florida, overturning its previous stance that the incident was not grounds for litigation due to the victim’s family’s subscription to Disney’s streaming service, Disney+.
This decision was communicated by the company in a notice submitted to the Orange County court on Tuesday, following significant public backlash against its earlier arguments.
Josh D’Amaro, the chairperson of Disney’s parks division, emphasized in a statement to The Associated Press that the company intends to waive its right to arbitration in this case. This lawsuit stems from a tragic incident involving a New York doctor who died from a severe allergic reaction after dining at a restaurant located within Disney Springs.
D’Amaro noted, “At Disney, we strive to put humanity above all other considerations. Given the unique and painful circumstances surrounding this case, we feel a sensitive approach is necessary to expedite a resolution for the family who has suffered a profound loss.”
Challenge to Disney’s Initial Defense
Previously, Disney claimed that Jeffrey Piccolo, the husband of the deceased, could not initiate a lawsuit against them because he had agreed to arbitration by signing up for a one-month Disney+ trial subscription in 2019.
Piccolo’s legal representatives responded by characterizing Disney’s argument as “absurd,” asserting that it is unreasonable to assume that the more than 150 million subscribers to Disney+ have permanently relinquished their rights to litigate against the company based on fine print terms buried in the subscription agreement.
Disney contended that Piccolo had consented to the arbitration terms both upon starting the Disney+ trial and when he later registered on Disney’s website to purchase tickets for their intended visit to the theme park.
Both parties had been scheduled to present their arguments before a judge in Orlando on October 2.
Arbitration is a method for resolving disputes outside the court system, typically involving a neutral arbitrator who assesses the evidence and renders a binding decision.
In a follow-up statement last week, Disney maintained that its actions were simply defensive, aimed at countering Piccolo’s effort to include the company in his lawsuit against Raglan Road, the Irish pub within Disney Springs where the family dined.
Representatives from Raglan Road have yet to respond to requests for comment.
Restaurant’s Allergy Claims Under Scrutiny
The lawsuit alleges that the Piccolo family chose to dine at Raglan Road in October due to its website claims of offering “allergen-free food.”
Dr. Kanokporn Tangsuan, Piccolo’s wife and a physician at NYU Langone, had known food allergies to nuts and dairy. According to the lawsuit, the waiter informed the family that her meal was prepared without allergens.
Tragically, less than an hour after their meal, Tangsuan experienced severe breathing difficulties, collapsed, and was pronounced dead at the hospital, despite having used an EpiPen to counteract her allergic reaction.
The medical examiner’s report indicated that her death resulted from “anaphylaxis due to elevated levels of dairy and nut in her system.”
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www.cbc.ca