Disney drops bid to be thrown in allergy-death lawsuit because plaintiff signed up for Disney+

Disney is no longer asking a Florida court to dismiss a wrongful-death lawsuit on the grounds that the victim’s family signed up for its Disney+ streaming service.

The company filed a notice in Orange County court on Tuesday to withdraw the motion, which drew swift backlash when it became public.

Josh D’Amaro, president of Disney’s theme parks division, said in an emailed statement earlier to The Associated Press that the entertainment giant will waive its arbitration rights and allow the lawsuit, filed by the husband of a New York who suffered a fatal allergy. reaction after eating at a Disney Springs restaurant, to go to court.

“At Disney, we strive to put humanity above all other considerations,” he said in the statement Monday night. “With such unique circumstances as this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who has suffered such a painful loss.”

Disney previously argued that Jeffrey Piccolo could not sue the company because he agreed to settle any lawsuit against the company out of court when he signed up for a one-month trial subscription to Disney+ in 2019.

Brian Denney, Piccolo’s Florida attorney, said Tuesday that his client will continue to “pursue justice on behalf of his beloved wife” and hopes their ordeal has helped raise awareness of the challenges facing people with food allergies .

He also noted that others trying to take Disney to court risk facing a similar legal challenge because the arbitration provision remains in many of the company’s terms and conditions.

“The right to a jury trial as enshrined in the Seventh Amendment is a foundation of our judicial system and should be protected and preserved,” Denney wrote in an email. “Attempts by corporations like Disney to avoid jury trials should be viewed with skepticism.”

In a response filed earlier this month, Denney argued that it’s “absurd” to believe that Disney+’s more than 150 million subscribers have given up all rights to sue the company and its affiliates in perpetuity because of the language ” buried” in the fine. print.

The company, in an attempt to dismiss the lawsuit, argued that Piccolo not only agreed to the arbitration terms in his Disney+ lawsuit, but also again when he created an account on the Disney website and app to purchase the couple’s tickets for their ill-fated visit to the theme park.

Related: Disney argues that a wrongful-death lawsuit should be thrown out because the plaintiff signed up for a Disney+ lawsuit

Both sides were scheduled to make their case before an Orlando judge on Oct. 2. The hearing was canceled on Tuesday.

Arbitration allows people to resolve disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision or award.

Disney, in a subsequent statement to The Associated Press last week, said it was merely defending itself against Piccolo’s attempt to include the company in its lawsuit against Raglan Road, the Irish pub in Disney Springs where the family dined.

Spokespeople for the restaurant did not immediately respond to an email seeking comment Tuesday. Disney Springs is owned by Disney, which leases some of the complex’s outdoor dining, shopping and entertainment spaces to other companies.

Piccolo’s lawsuit claims the family decided to eat at Raglan Road in October because it was billed on Disney’s website as having “allergen-free food.”

Piccolo’s wife, Dr. Kanokporn Tangsuan, a physician in the NYU Langone office in Carle Place, New York, had a severe allergy to nuts and dairy products, and the waiter had assured her that her food was prepared without allergens, the lawsuit states.

But less than an hour after they finished their dinner, Tangsuan had trouble breathing, collapsed and died at a hospital despite having administered an EpiPen himself, according to the lawsuit.

The medical examiner determined that she died as a result of “anaphylaxis due to the increased levels of dairy and nuts in her system,” the lawsuit states.

Top photo: In this Aug. 8, 2017, file photo, the logo of The Walt Disney Co. appears on a screen above the floor of the New York Stock Exchange. (AP Photo/Richard Drew, File)

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