Disney and Disney Springs restaurant Raglan Road say a lawsuit following the death of a New York doctor from an allergic reaction should be tossed out because her widower signed up for a Disney+ account years earlier, according to court papers.
Following public backlash, Disney has waived its right to arbitration.
"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," said Josh D’Amaro, Chairman of Disney Experience in a statement to FOX Business.
"As such, we’ve decided to waive our right to arbitration and have the matter proceed in court."
The response was filed on May 31. A supplemental filing the same day said plaintiff Jeffrey Piccolo used a MyDisney account to purchase tickets to EPCOT, which were refunded after being unused following his wife's death. Disney claims terms and conditions agreed upon by both Disney+ and MyDisney give up his "right to litigate a dispute in court before a judge or jury," indicating that arbitration should be administered by a mediator.
Piccolo's attorneys called Disney's response "preposterous" and "fatally flawed" in an Aug. 2 court filing. They also argue Piccolo's wrongful death suit is filed on behalf of his wife's estate, rather than on behalf of himself.
Withdrawal is currently in the process of being filed by Disney and will be reflected in court soon, but it is unclear when exactly.
Piccolo's complaint submitted to a Florida court in February states Dr. Kanokporn Tangsuan died in early October from an allergic reaction after eating at the Irish restaurant on Disney World’s property. The complaint says negligence by Disney and the restaurant resulted in her death.
DISNEY HIT WITH LAWSUIT AFTER DOCTOR HAS FATAL ALLERGIC REACTION
Piccolo is asking the court to award him damages "in excess of" $50,000 from the entertainment giant and the restaurant, according to the complaint, which says he has experienced mental pain and suffering, loss of companionship and other damages since the death of his wife.
While at the restaurant, the couple told their waiter about Tangsuan’s severe dairy and nut allergies and sought assurance multiple times that the food she would get would not contain those ingredients, according to the suit. But she wound up getting fritters, scallops, a vegan shepherd’s pie and onion rings, which the staff said were dairy and nut-free despite some not having allergen-free flags, the lawsuit alleges.
JUDGE DISMISSES DISNEY'S LAWSUIT ALLEGING RETALIATION BY DESANTIS
Tangsuan’s fatal allergic reaction occurred while she was perusing shops not long after the family’s dinner at Raglan Road, the lawsuit says. She was 42, according to an obituary.
"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" a Disney spokesperson said in a statement prior to waiving arbitration to FOX Business.
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Raglan Road has operated in Disney Springs since 2005. It is known for offering Irish food as well as "live Irish music and dance," according to the Disney Springs website.
FOX Business' Aislinn Murphy contributed to this report.
