Disney has taken a heartfelt turn in the tragic lawsuit involving the widower of a woman who passed away due to an allergic reaction after dining at a resort restaurant. Initially, Walt Disney Parks and Resorts attempted to block the wrongful death lawsuit by invoking an arbitration clause linked to the widower’s Disney+ subscription agreement. However, the company has decided to allow the lawsuit to proceed in court.
The case, filed by Jeffrey Piccolo, alleges that his wife, Kanokporn Tangsuan, suffered a fatal allergic reaction from a meal at a Disney park restaurant in 2023. In an unexpected move, Disney argued that Piccolo’s Disney+ subscriber agreement necessitated arbitration for any disputes with the company. This would have effectively kept the case out of the courtroom.
In court documents, Disney also contended that Piccolo’s purchase of Epcot Center tickets via their website shielded the company from the lawsuit. The twist came when Disney’s lawyers stated this arrangement applied due to the terms Piccolo agreed to when signing up for Disney+ and buying the park tickets.
Disney’s change of heart was reflected in a statement from Josh D’Amaro, Chairman of Disney Experiences, which emphasized putting humanity first and expediting a resolution for the affected family. “At Disney, we strive to put humanity above all other considerations. We believe this situation warrants a sensitive approach to expedite a resolution for the family, who have experienced such a painful loss,” D’Amaro expressed.
Last week, Piccolo’s lawyer had slammed Disney’s argument as “preposterous” and “outrageously unreasonable and unfair.” Piccolo claims he had subscribed only to a free month-long Disney+ trial, which he canceled before being charged. Now, with Disney stepping back from arbitration, the case will be heard in court.
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Source: Jessie Yeung, Jon Passantino