Disney agrees to let Florida death lawsuit be decided in court Reuters

(Reuters) – Walt Disney (NYSE: ) The company on Monday agreed to let a court rule on a wrongful-death lawsuit brought by a Florida widower, after previously arguing that the case belonged to arbitration because the man signed up for a lawsuit over the streaming service Disney+ in 2019.

The lawsuit was filed by the husband of a woman who died last year from an allergic reaction after eating at a restaurant at the Disney Springs shopping complex in Orlando.

“We believe this situation warrants a sensitive approach to expedite a resolution for the family who has suffered such a painful loss,” Josh D’Amaro, president of Disney Experiences, told Reuters in an emailed statement.

“As such, we have decided to waive our right to arbitration and take the matter to court,” D’Amaro added.

The case began when Jeffrey Piccolo, his wife Kanokporn Tangsuan and her mother ate at Raglan Road Irish Pub and Restaurant on October 5, 2023, allegedly selecting the eatery because both Disney and Raglan advertised that it accommodated people with allergies food is a top priority. .

Despite the waiter’s alleged assurances that Tangsuan’s order was allergen-free, she had an acute allergic reaction and died of anaphylaxis due to elevated levels of nuts and dairy in her system, the Orange County court complaint said.

In its initial April response to the complaint, Disney made no mention of arbitration, instead arguing that it is not liable because it has no control over Raglan’s operations or management and serves only as its owner.

In another filing in late May, Disney offered a new defense: that the complaint is subject to arbitration based on Piccolo’s Disney+ membership and his use of the company’s website in 2023 to purchase tickets at theme parks.