Disney initially tried to argue that the widower of a woman who died after eating at a resort restaurant could not sue for wrongful death due to a Disney+ streaming service contract. The lawsuit was filed by Jeffrey Piccolo after his wife, Kanokporn Tangsuan, suffered a fatal allergic reaction from a meal she ate at a park restaurant in 2023. Disney attempted to have the case moved to arbitration, which would prevent it from going before a jury. The company claimed that Piccolo’s subscriber agreement from signing up for a Disney+ trial required arbitration for all disputes with the company.
Disney also tried to shield itself from the lawsuit by stating that Piccolo used the Walt Disney Parks’ website to purchase Epcot Center tickets, further arguing against the wrongful death suit. However, in a statement on Monday, the chairman of Disney Experiences, Josh D’Amaro, announced that Disney was waiving its right to arbitration in this case. He stated that Disney wanted to prioritize humanity and expedite a resolution for the family that suffered a painful loss, allowing the matter to proceed in court.
Piccolo’s lawyer, Brian Denney, criticized Disney’s initial argument as preposterous, unreasonable, and unfair, calling it shocking to the judicial conscience. Piccolo believed he had only signed up for a month-long free streaming trial, canceling the subscription before being charged, as noted by his lawyers. Piccolo is seeking damages exceeding $50,000 according to Florida’s Wrongful Death Act, in addition to compensation for mental anguish, loss of companionship, income, and medical and funeral expenses.
The decision to waive arbitration by Disney comes after facing backlash for attempting to avoid a court trial in this wrongful death case. The company’s change of heart was seen as a move towards acknowledging the seriousness of the situation and providing a more compassionate response to the family’s loss. Piccolo’s legal team welcomed Disney’s decision to allow the case to proceed in court, continuing their pursuit of justice and compensation for the widow of the deceased woman who suffered the fatal allergic reaction from the meal consumed at the park restaurant.
The reversal in the wrongful death lawsuit against Disney marks a significant development in the legal proceedings, as the case will now be heard in court rather than being settled through arbitration. The widower’s quest for justice is supported by the decision to proceed with the lawsuit, seeking damages for the tragic loss of his wife due to the alleged negligence of the resort restaurant. Despite the initial legal maneuvering by Disney to dismiss the case, the company’s decision to allow the matter to progress in court reflects a more humane approach towards resolving the family’s grievance and seeking accountability for the heartbreaking incident. The outcome of the court proceedings will determine the extent of liability and compensation owed to the widower in this wrongful death case involving Disney.
