Disney has decided to withdraw its request for a Florida court to dismiss a wrongful death lawsuit, which it had argued should be settled via arbitration due to a Disney+ subscription agreement.
The company made this announcement in a notice to the Orange County court on Tuesday, reversing its earlier motion that had sparked widespread backlash. Josh D’Amaro, head of Disney’s theme park division, confirmed in an emailed statement that Disney will waive its arbitration rights and allow the lawsuit brought by the husband of a New York doctor to move forward in court.
“At Disney, we strive to put humanity above all other considerations,” D’Amaro stated. “With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.”
The lawsuit was initiated by Jeffrey Piccolo, whose wife, Dr. Kanokporn Tangsuan, suffered a fatal allergic reaction after dining at Raglan Road in Disney Springs. Disney initially contended Piccolo had forfeited his right to sue when he signed up for a Disney+ trial subscription in 2019, which included an arbitration clause.
Piccolo’s attorney, Brian Denney, expressed his client’s intent to continue seeking justice and emphasized the broader implications for those with food allergies. “The right to a jury trial as set forth in the Seventh Amendment is a bedrock of our judicial system and should be protected and preserved,” Denney said. He warned that others facing Disney in court might encounter similar arbitration challenges due to the company’s terms and conditions.
Denney also asserted that it’s “absurd” to presume the over 150 million Disney+ subscribers have waived their rights to sue due to fine print in the service agreement.
Initially, Disney had argued that multiple agreements—starting from the Disney+ trial to subsequent account setups for theme park tickets—bound Piccolo to arbitration. Both sides were scheduled to present their arguments in Orlando on October 2, but the hearing was canceled following Disney’s withdrawal.
Arbitration typically allows disputes to be settled without going to court, involving a neutral arbitrator who reviews evidence and issues a binding decision.
Disney, in a follow-up statement, defended its position, stating it was protecting itself against Piccolo’s efforts to include Disney in his lawsuit against Raglan Road, where Tangsuan’s fatal allergic reaction occurred.
Piccolo’s lawsuit claims the family chose Raglan Road in October because it was marketed on Disney’s website as offering “allergen free food.” Despite assurances about the safety of her meal, Tangsuan experienced severe allergic symptoms less than an hour after dining, and tragically died despite using an EpiPen.
The medical examiner’s findings indicated she succumbed to “anaphylaxis due to elevated levels of dairy and nut in her system.” Disney Springs, where the incident took place, is owned by Disney but hosts leased spaces for other companies, including the restaurant in question.
Spokespersons for the restaurant did not respond to requests for comments. The family’s lawsuit continues to highlight the critical challenges faced by individuals with severe food allergies.
