Walt Disney Parks and Resorts has dropped its attempt to dismiss a wrongful death lawsuit filed against a park visitor over the fine print in a Disney+ subscription. CNN reported.
Disney has previously argued in court documents that plaintiff Jeffrey Piccolo cannot sue the mega-corporation over the death of his wife, Kanokporn Tangsuan, because of terms in the couple’s Disney+ subscription. Tangsuan died of a fatal allergic reaction after eating at a Disney World restaurant in 2023. Piccolo is seeking $50,000 under Florida’s Wrongful Death Act.
Walt Disney Parks and Resorts attempted to move the case from a public courtroom to private arbitration because of the fine print in Piccolo’s Disney+ contract, which requires all users to arbitrate their disputes with the company. Disney lawyers also argued that Piccolo had given up any further right to a public trial because he agreed to similar arbitration language when he purchased Epcot tickets for himself and Tangsuan.
But after a furious backlash, Disney dropped its efforts to dismiss the lawsuit. “At Disney, we strive to put humanity first,” Josh D'Amaro, president of Disney Experiences, said in a statement. CNN“Given the unique circumstances of this case, we believe that this situation requires a sensitive approach to expedite a resolution for the family that has suffered such a painful loss. Therefore, we have decided to waive our right to arbitrate and allow the matter to proceed in court.”
Piccolo's attorney, Brian Denney, slammed Disney's effort to dismiss the lawsuit in a court filing last week, calling it “absurd” and “so irrational and unfair that it offends the conscience of the judiciary.”
Piccolo accused Disney of “explicitly trying to prevent 150 million Disney+ subscribers from having a wrongful death lawsuit brought against him in front of a jury, even though he had nothing to do with Disney+.”
“We are deeply saddened by the family’s loss and understand their pain,” a Disney spokesperson said in a statement on Aug. 14. “Given that this restaurant is not owned or operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
Piccolo alleges Tangsuan died after eating at the Raglan Road Irish Pub in Disney Springs. According to the lawsuit, the couple chose the pub because they believed Tangsuan would take appropriate precautions regarding his nut and dairy allergies. They ordered several items, including vegan toast, scallops, onion rings and vegan shepherd's pie.
The waiter assured the couple that certain dishes would be allergen-free, which the couple confirmed “several times,” but Tangsuan began “suffering from a severe acute allergic reaction” shortly after leaving the restaurant. Despite being able to administer an Epi-Pen to himself, Tangsuan died of “anaphylaxis due to the high levels of milk and nuts in his system,” the lawsuit states.