A Disney logo forms part of a Disney Plus menu on a computer screen in Walpole, Mass., on Nov. 13, 2019. (AP Photo/Steven Senne, File)
Disney has decided to no longer seek the dismissal of a wrongful death lawsuit by arguing that the victim’s family had signed up for its streaming service, Disney+. On Tuesday, the company filed a notice in Orange County court, withdrawing the controversial motion that sparked public backlash.
Josh D’Amaro, who leads Disney's theme park division, shared in an earlier statement to The Associated Press that the company will forgo its arbitration rights and allow the lawsuit, brought by the husband of a New York doctor who died from a severe allergic reaction after dining at a Disney Springs restaurant, to proceed in court.
“At Disney, we prioritize humanity above all else,” D’Amaro said in the statement issued Monday night. “Given the unique circumstances of this case, we believe it requires a sensitive approach to reach a resolution for the family who has endured such a painful loss.”
Previously, Disney had contended that Jeffrey Piccolo, the husband of the late Dr. Kanokporn Tangsuan, could not sue the company because he agreed to settle any legal disputes out of court when he signed up for a Disney+ trial subscription in 2019.
Piccolo’s attorney, Brian Denney, said his client remains committed to seeking justice for his late wife and hopes their experience will raise awareness about the challenges faced by individuals with severe food allergies. Denney also cautioned that others attempting to sue Disney may face similar legal hurdles due to the arbitration clauses present in many of the company’s terms and conditions.
“The right to a jury trial is fundamental to our judicial system and must be safeguarded,” Denney stated in an email. “Corporate attempts to bypass jury trials should be viewed with skepticism.”
Denney had earlier argued that it was unreasonable to believe that Disney+’s more than 150 million subscribers had waived their right to sue the company because of fine print in the subscription terms.
Disney initially sought to dismiss the lawsuit by claiming that Piccolo had agreed to the arbitration terms not only when he subscribed to Disney+ but also when he purchased theme park tickets on Disney’s website and app.
The court had scheduled a hearing for October 2 to address the issue, but it was canceled after Disney withdrew its motion.
Arbitration, which typically involves a neutral arbitrator making a binding decision, allows disputes to be settled without going to court.
In a follow-up statement to The Associated Press, Disney maintained that it was merely defending itself against Piccolo’s attempt to include the company in his lawsuit against Raglan Road, the Irish pub at Disney Springs where the family dined.
Piccolo’s lawsuit alleges that the restaurant, advertised on Disney’s website as offering allergen-free food, served his wife a meal that triggered her fatal allergic reaction. Despite being assured by the waiter that her food was safe, Dr. Tangsuan suffered a severe reaction and died shortly after dinner. The medical examiner concluded that she died from anaphylaxis caused by elevated levels of dairy and nuts in her system.
