Disney has reconsidered its stance on a wrongful death lawsuit filed by the widower of a woman who died after eating at a resort restaurant and will now proceed to court, abandoning its previous attempt to force arbitration, CNN reports.
The lawsuit, filed by Jeffrey Piccolo, alleges that his late wife, Kanokporn Tangsuan, suffered a fatal allergic reaction from a meal she ate at a park restaurant in 2023. Disney had initially sought to dismiss the lawsuit by asking the court to move the dispute to arbitration, effectively preventing a jury trial.
Disney’s argument rested on the claim that Piccolo had agreed to arbitrate all disputes with the company by signing up for a Disney+ streaming service trial years ago. The company also argued that Piccolo’s use of the Walt Disney Parks website to purchase Epcot Center tickets shielded them from liability.
However, in a statement sent to the broadcaster on Monday, Josh D’Amaro, chairman of Disney Experiences, announced that the company was waiving its right to arbitration.
“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, 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’ve decided to waive our right to arbitration and have the matter proceed in court.”
Last week, Piccolo’s attorney Brian Denney had called Disney’s argument “preposterous,” “outrageously unreasonable,” and “unfair.” Piccolo’s legal team also emphasized that the widower believed he had only signed up for a month-long free trial, canceling the subscription before being charged.
Piccolo is seeking damages exceeding $50,000 under Florida’s Wrongful Death Act, along with compensation for mental pain and suffering, loss of companionship, loss of income, and medical and funeral expenses.
.
