Disney abandons controversial legal strategy against widower's wrongful death lawsuit

The head of Disney theme parks on Monday backed away from the company's controversial legal strategy using the Disney+ terms and conditions against a widower's lawsuit for wrongful death at Disney World.

“At Disney, we strive to put humanity above all other considerations,” said Disney Experiences Chairman Josh D’Amaro said in a statement Monday evening. “Given the unique circumstances of this case, we believe this situation requires a sensitive approach to expedite a resolution for the family who have suffered such a painful loss. Therefore, we have decided to waive our right to arbitration and take the matter to court.”

Jeffrey Piccolo sued Disney and the independently managed Raglan Road Pub and Irish Restaurant after his wife died last year from a severe food allergy following their meal at Disney Springs.

To defend themselves, Disney's lawyers had argued that the lawsuit should be stayed and arbitration – without going to court as Piccolo requested – because Piccolo once signed up for Disney+ and purchased theme park tickets through an app, where Disney's terms and conditions require disputes to be heard in arbitration, the entertainment giant argued.

Piccolo's lawyer Brian Denneywho could not be reached for comment late Monday, had called Disney's legal strategy of relying on Disney+ in connection with a lawsuit over an incident at Walt Disney World “absurd” and “preposterous.”

The case had attracted national attention and public backlash in recent days after Florida Politics brought the story to light.

D'Amaro's statement is a reversal from his statement a week ago when the company defended its legal strategy and said it was “merely our defense against the plaintiff's attorney's attempt to involve us in his lawsuit against the restaurant.”

Piccolo is suing both Disney and Raglan Road in his lawsuit filed in February in Orange Circuit Court.

Piccolo’s 42-year-old wife, Kanokporn Tangsuanwas a popular doctor from New York.

She had severe allergies to dairy products and nuts and therefore asked the restaurant several times whether her food was safe. according to the lawsuitShe ate dinner at 8 p.m. and 45 minutes later she collapsed at Disney Springs, separated from her family, who decided to go on vacation after dinner. Tangsuan died alone in the hospital. The coroner’s office decided Her death on October 5 was an accident. The cause of death was given as anaphylactic shock.

“Jeff really wants to make sure this doesn’t happen to anyone else,” Denney told Florida Politics in February“It's very important to him that people know that people with such severe allergies should be taken seriously. And he doesn't want this to happen to another family.”

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