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Disney waives arbitration in food allergy lawsuit
Disney has waived its rights to arbitration in the case of a woman who died after dining at a restaurant in Disney Springs, allowing the case to proceed to court.
ORLANDO, Fla. - Disney has seemingly changed its mind and will now allow a wrongful death lawsuit against the company to proceed in court vs. attempting to order arbitration, which sparked headlines and public backlash against the company over the last week.
In a recent court filing, Disney lawyers attempted to argue that a wrongful death lawsuit brought by the husband of a woman who died from a food allergy after eating at a restaurant at Disney Springs should be handled outside of court via arbitration because the husband once signed up for a free trial with Disney+, Disney's streaming service.
Disney argued that in the terms and conditions of that free trial, users agreed to handle disputes with the company through arbitration.
"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," Disney said in its initial statement.
Lawyers for the woman's widow argued Disney's stance was "preposterous."
In a new statement issued on Monday, Disney said it would waive its right to arbitration and allow the case to be handled in court.
"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. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court," read the statement, which was attributed to Josh D'Amaro, the chairman of Disney Parks, Experiences, and Products.
FOX 35 reported on the initial lawsuit, which was filed in February 2024.
According to the lawsuit, Jeffrey Piccolo, his wife, Kanokporn Tangsuan, a New York doctor, and her mother visited Disney Springs in October 2023 and went to Ragland Road Irish Pub and Restaurant for dinner.
The lawsuit alleged that the staff were told that the woman was highly allergic to nuts and dairy – and were reassured by staff multiple times that they could make allergen-free food.
About 45 minutes after dinner, Tangsuan had trouble breathing and collapsed. She later died at the hospital. The lawsuit notes that the medical examiner determined the woman died from anaphylaxis due to "elevated levels of dairy and nut in her system."
The lawsuit seeks more than $50,000 in damages.
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Disney moves to dismiss wrongful death lawsuit
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.
Ragland Road Irish Pub and Restaurant is located within The Landing at Disney Springs, and serves Irish-inspired food, as well as has live music and dancing.