Disney is reversing its controversial legal strategy regarding a wrongful death lawsuit filed by Jeffrey Piccolo after the death of his wife, who suffered from a severe allergic reaction following a meal at a Disney World restaurant. The lawsuit claimed negligence on the part of Disney, and the company initially sought to dismiss it, arguing that Piccolo’s subscription to Disney+ in 2019 obligated him to arbitration. However, after facing significant public backlash, Disney has decided to allow the case to move forward in court.
Josh D’Amaro, chairman of Disney Experiences, acknowledged the decision in a statement to Entertainment Weekly, emphasizing that the company aims to prioritize compassion in sensitive situations like this. He mentioned that Disney has chosen to waive its right to arbitration to expedite a resolution for the family.
Jeffrey Piccolo’s lawyer, Brian Denney, expressed that they intend to pursue justice for his late wife and criticized the practice of companies avoiding jury trials.
The lawsuit recounts an incident on October 5, when Piccolo, his mother, and his wife, Kanokporn Tangsuan, dined at Raglan Road Irish Pub in Disney Springs, chosen for its advertised ability to accommodate dietary restrictions such as Tangsuan’s severe allergies to dairy and nuts. According to the complaint, despite assurances from the restaurant staff about the food being free from allergens, Tangsuan experienced a severe allergic episode about 45 minutes after the meal, leading to her collapse and eventual death at the hospital.
Piccolo is seeking $50,000 in damages and a jury trial. Initially, Disney argued for arbitration based on the terms accepted by Piccolo during his Disney+ subscription and theme park ticket purchase. However, Piccolo’s legal team contended that he didn’t find any evidence of a paid subscription and was only on a free trial.
In their formal response, Piccolo’s lawyers asserted that the Disney+ Subscriber Agreement does not encompass claims resulting from incidents at Disney’s properties, highlighting concerns that the company was attempting to prevent subscribers from pursuing wrongful death claims in court.