Disney is dropping the company’s effort to dismiss a wrongful-death lawsuit based on the victim’s husband previously signing up for the Disney+ streaming service.
In February, Jeffrey Piccolo filed a $50,000 lawsuit against Disney after his wife, Dr. Kanokporn Tangsuan, a physician at NYU’s Langone Hospital, died last year. Court documents reviewed by PEOPLE claim Tangsuan suffered a fatal allergic reaction after eating at the Disney Springs restaurant.
On Aug. 19, Josh D’Amaro, president of Disney Experiences, told PEOPLE in a statement that the company is now waiving its right to arbitration.
“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as those in this case, we believe that this situation requires a sensitive approach to expedite a resolution for a family that has experienced such a painful loss,” he said. “As such, we have decided to waive our right to arbitration and pursue the matter in court.”
Initially, Disney argued in a legal filing that the lawsuit should be dismissed because Piccolo signed up for a one-month trial of Disney+ back in 2019 — and the contract requires users to arbitrate any disputes with the company.
According to court documents, the terms Piccolo agreed to when buying tickets to the 2023 theme park also shield the company from his lawsuit.
Disney World is seeking dismissal of a doctor’s wrongful-death lawsuit because he subscribed to Disney+ for a month in 2019.
Walk Disney World entrance sign in Orlando, Florida © Wiki Commons Doctor with severe allergy dies after Disney World restaurant allegedly ‘guaranteed’ allergen-free food: Lawsuit
Following the news that Disney was changing direction, Piccolo’s attorney, Brian Denney, told The Associated Press that his client will continue to “seek justice on behalf of his beloved wife” and hopes it will help raise awareness of the challenges people face. they face food allergies.
“The right to a jury trial as enshrined in the Seventh Amendment is a foundation of our justice system and should be protected and preserved,” he said in an emailed statement. “Attempts by corporations like Disney to avoid jury trials should be viewed with skepticism.”
Piccolo’s lawsuit details that Tangsuan’s death occurred on Oct. 5, 2023. Court documents say she was dining at the Raglan Road Irish Pub in the Disney Springs area of the park and allegedly told the waiter she had severe allergies to dairy and nuts. asking multiple times to confirm that various items on the menu could be served without allergens.
According to the documents, after the waiter allegedly confirmed that the meal was allergen-free, Tangsuan ate the meal. She suffered a severe allergic reaction and ended up dying later in hospital. Her cause of death was “as a result of anaphylaxis due to the elevated levels of dairy and tree nuts in her body,” the lawsuit states.
A hearing in the case is currently scheduled for October 2.
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Source: HIS Education