The Walt Disney Company has removed a controversial legal defense in an ongoing wrongful death lawsuit, allowing the case to proceed to trial. The dispute centers on the tragic death of Dr. Kanokporn Tangsuan, who suffered a fatal allergic reaction after dining at a restaurant in Walt Disney World, Florida.
Josh D’Amaro, the Chairman of Disney Experiences, announced the company’s decision in a heartfelt statement: “At Disney, we strive to put humanity above all other considerations. This unique 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.”
Previously, Disney’s legal team argued that the terms and conditions associated with the Disney+ streaming service deferred all legal disputes to arbitration. This defense had been challenged when Disney asked a Florida judge to dismiss the case. The widower, Jeffrey Piccolo, had signed up for Disney+ in 2019 and again in 2023, with attorneys for Disney claiming that the arbitration clause applied to all associated disputes, including the wrongful death claim against the resort.
Daniel Zuniga from Personal Injury of Florida critiqued Disney’s stance as “unconscionable.” The lawsuit, filed by Piccolo earlier this year, accused the resort and Raglan Road Irish Pub of negligence. Piccolo alleges that despite informing the staff of his wife’s severe dairy and nut allergies and receiving assurances that her meal would be allergen-free, Tangsuan suffered a fatal anaphylactic reaction.
Last week’s dramatic reversal by Disney stands in stark contrast to their earlier position defending their arbitration strategy. A spokesperson had initially supported this approach, stating, “We are deeply saddened by the family’s loss and understand their grief. Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
As the litigation continues, a court hearing has been scheduled for October 2nd. Share your thoughts in the comments below and let us know what you think about Disney’s latest move. How do you believe such tragic situations should be handled by large corporations?
Source: Anna Betts
