Disney has decided to abandon its attempt to move a wrongful death lawsuit to arbitration, allowing the case to proceed in court. The lawsuit, filed by Jeffrey Piccolo, concerns the death of his wife, Dr. Kanokporn Tangsuan, who died in 2023 from a severe allergic reaction after dining at a restaurant in Disney World, Florida.
Initially, Disney argued that the case should be resolved through arbitration due to a clause in the terms and conditions of a Disney+ free trial Mr. Piccolo signed up for in 2019. However, after facing significant backlash, Disney has opted to waive its right to arbitration.
Josh D’Amaro of Disney commented, “We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Piccolo’s attorneys have criticized Disney’s initial strategy to avoid a public trial. They argue that such tactics by corporations should be scrutinized and hope the case raises awareness about food allergies. “Mr. Piccolo will continue to pursue justice on behalf of his beloved wife at the trial court level,” his lawyers stated.
Arbitration, where disputes are settled by a neutral third party, avoids a lengthy court trial but does not involve a jury. Disney’s move to arbitration, based on a tenuous connection to the Disney+ terms, drew criticism for potentially avoiding public scrutiny. Legal expert Jamie Cartwright noted that Disney’s attempt to push the case into a confidential setting only generated more adverse publicity.
The lawsuit stems from an incident at Raglan Road, an independent pub at Disney Springs, where Piccolo alleges the restaurant failed to adequately address his wife’s severe dairy and nut allergies. She died later that day from anaphylaxis triggered by allergens.
Disney contends it had no control over the restaurant’s operations. Piccolo is seeking over $50,000 in damages, covering suffering, lost income, and other costs.
Legal analysts have expressed skepticism about Disney’s strategy. Ernest Aduwa noted that Disney’s claim was an innovative but potentially flawed application of contract law. Jibreel Tramboo described the argument as weak.
Disney is currently filing documents to officially withdraw its arbitration request and proceed with the court case.
