(NEXSTAR) – Disney’s lawyers are no longer asking a Florida court to dismiss a wrongful death lawsuit against Walt Disney Parks and Resorts.
The lawsuit, filed by the victim’s husband earlier this year, accuses Disney of negligence in the death of Kanokporn Tangsuan, alleging that she suffered a fatal allergic reaction to food she consumed at a Disney Springs restaurant on Oct. 5, 2023.
Tangsuan, a doctor at NYU Langone’s hospital network in New York, had repeatedly informed her server of her severe food allergies, but was assured her meal contained no nuts or dairy, the lawsuit, filed by Tangsuan’s husband Jeffrey Piccolo, said.
Tangsuan died later that night at a local hospital.
Months later, however, Disney had asked the court to dismiss Piccolo’s lawsuit, claiming that he had agreed to settle any lawsuits against Disney out of court — all because he had signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.
“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause," the company had written in its motion. “The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration.’”
Disney also said in its response that Piccolo agreed to a similar arbitration provision when he created an account on Disney's website and app ahead of the ill-fated theme park visit.
Piccolo's attorney, Brian Denney of Searcy Denney Scarola Barnhart & Shipley in West Palm Beach, said Disney’s motion was “absurd,” calling it — and the Disney+ terms of usage that they cite — “so outrageously unreasonable and unfair” to their consumers.
Disney responded in mid-August, claiming that the Irish pub where the couple ate — Raglan Road, at Disney Springs — was not owned or operated by Disney, and that the company was simply trying to remove itself from the defendants named in the lawsuit. (Disney Springs is owned by Disney, which leases some of the spaces in the outdoor dining, shopping and entertainment complex to other companies.)
This week, however, Disney Experiences Chairman Josh D’Amaro said Disney’s lawyers would be backing down from their argument.
“At Disney, we strive to put humanity above all other considerations,” D’Amaro said in a statement shared with NBC News and CBS News. “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. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
A representative for Searcy Denney Scarola Barnhart & Shipley said the firm would issue a response to D'Amaro's statement on Tuesday.
Piccolo's lawsuit, which was filed in February, claims that he, his wife and his mother decided to eat at Raglan Road on Oct. 5, 2023 because it was billed on Disney’s website as having “allergen free food.”
After informing their server numerous times that she had a severe allergy to nuts and dairy products, Tangsuan ordered the vegan fritter, scallops, onion rings and a vegan shepherd’s pie. The waiter then “guaranteed” that the food was allergen-free even though some of the items were not served with “allergen free flags," the lawsuit states.
While shopping after dinner, Tangsuan experienced difficulty breathing, collapsed and was transported to a hospital despite self-administering an EpiPen during the allergic reaction, according to the lawsuit. A medical examiner’s investigation determined later she died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.
An Oct. 2 hearing has been scheduled on Disney's motion in county court in Orlando. Piccolo seeks more than $50,000 in his lawsuit.
The Associated Press contributed to this report.
