In a surprising turn of events, Disney has decided to drop its controversial legal claim that the terms and conditions a widower agreed to when signing up for the Disney+ streaming service shield the company from a wrongful death lawsuit. The lawsuit was filed by the widower, alleging his wife's death after dining at a Disney resort restaurant.
On Monday night, Josh D’Amaro, the chair of Disney Experiences, issued a statement announcing that the company has chosen to allow the case to proceed in court, reversing its previous stance of pursuing arbitration.
“At Disney, we strive to prioritize humanity above all other considerations,” D’Amaro stated. “Given the unique circumstances surrounding this case, we believe a sensitive approach is necessary to expedite a resolution for the family who has endured such a painful loss. Therefore, we have decided to waive our right to arbitration and allow the matter to be resolved in court.”
The legal battle initially made headlines last week when Disney’s lawyers requested that a Florida judge dismiss the wrongful death lawsuit and enforce arbitration, citing the terms of use the widower had agreed to when signing up for Disney+ in 2019 and again in 2023. The company’s legal team argued that these terms, which included an arbitration clause, should apply to all disputes, including those involving Walt Disney World and its affiliates.
However, this argument was met with significant backlash. Daniel Zuniga, a partner at the Personal Injury of Florida law firm, criticized Disney's position as “unconscionable,” warning that such a ruling could have severe implications for individuals facing disputes with large corporations.
The wrongful death lawsuit was filed by Jeffrey Piccolo earlier this year after his wife, Dr. Kanokporn Tangsuan, died in October 2023 following a meal at Raglan Road Irish Pub, located at the Disney resort near Orlando, Florida. According to the lawsuit, Dr. Tangsuan suffered a fatal allergic reaction after consuming food that allegedly contained dairy and nuts, despite assurances from the restaurant staff that the meal would be allergen-free.
Piccolo’s lawsuit claims negligence on the part of the waitstaff and seeks damages exceeding $50,000. The medical examiner’s report confirmed that Dr. Tangsuan’s cause of death was anaphylaxis due to elevated levels of dairy and nuts.
Disney’s decision to withdraw from arbitration and allow the case to be heard in court marks a significant shift from its previous legal strategy. Last week, a Disney spokesperson defended the company’s approach, asserting that Disney was merely protecting itself against what it described as an unwarranted attempt to involve the company in the lawsuit against the independently operated restaurant.
Piccolo’s legal team had characterized Disney’s initial argument as “surreal,” with other legal experts criticizing the company’s stance as a questionable stretch of the law.
The litigation remains ongoing, with a hearing scheduled for October 2.
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