Disney overturns court's attempt to dismiss wrongful death lawsuit filed by widower who signed streaming deal

(CNN) – Walt Disney Parks and Resorts is changing its approach to a wrongful death lawsuit, saying the case could go to trial.

According to the lawsuit, Jeffrey Piccolo's wife died of a severe allergic reaction after they had dinner at a resort restaurant last year.

Disney had previously argued that Piccolo could not sue because he had signed a Disney+ streaming contract.

The company had said Piccolo allegedly signed up for a one-month trial in 2019, during which users would have to resolve any disputes with the company.

Disney's lawyers also claimed that Disney was shielded from the lawsuit because Piccolo used the Walt Disney Parks website to purchase tickets to Epcot Center.

But now the company is waiving its right to arbitration.

The chairman of Disney Experiences says this case requires “a sensitive approach to expedite a resolution” for the family, who have suffered a painful loss.

Piccolo is seeking $50,000 in damages from Disney under Florida's Wrongful Death Act.

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