Disney Backs Down: Wrongful Death Lawsuit to Proceed
Disney has reversed its stance on a wrongful death lawsuit filed by the widower of a woman who died after eating at a resort restaurant. The company has agreed to let the case proceed to court, abandoning its previous attempt to force the matter into arbitration.
The lawsuit, filed by Jeffrey Piccolo, alleges that his late wife, Kanokporn Tangsuan, suffered a fatal allergic reaction from a meal she consumed at a park restaurant in 2023. Disney had initially sought to dismiss the case by arguing that Piccolo's Disney+ streaming service agreement compelled him to arbitrate all disputes with the company.
Disney's argument hinged on the claim that Piccolo's Disney+ subscription agreement, signed during a free trial several years ago, required him to settle all disputes through arbitration, effectively preventing a trial by jury. Additionally, the company asserted that Piccolo's use of the Walt Disney Parks website to purchase Epcot Center tickets shielded them from any lawsuit.
However, Disney's attempt to leverage the streaming service agreement and website usage has been met with resistance. Piccolo's lawyer, Brian Denney, described Disney's argument as "preposterous," calling it "so outrageously unreasonable and unfair as to shock the judicial conscience." Denney also highlighted that Piccolo believed he had only signed up for a month-long free trial, and had cancelled his subscription before being charged.
In a statement released on Monday, Josh D'Amaro, chairman of Disney Experiences, announced that the company would waive its right to arbitration. He stated, "At Disney, we strive to put humanity above all other considerations. 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."
This decision marks a significant shift in Disney's approach to the lawsuit. By waiving its right to arbitration, Disney has paved the way for the case to proceed to court, where Piccolo can pursue his claim for damages exceeding £40,000 under Florida's Wrongful Death Act. The damages also include claims for mental pain and suffering, loss of companionship, loss of income, and medical and funeral expenses.
Piccolo's legal team has not yet commented on Disney's decision to waive its arbitration rights. However, the company's change of heart suggests a recognition of the sensitivity surrounding the case and a willingness to allow for a fair resolution in court. The outcome of the lawsuit remains to be seen, but this turn of events marks a notable step forward for the bereaved family seeking justice for their loss.
