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Disney agrees to wrongful death lawsuit in Florida

Walt Disney Co. on Monday agreed to let the court decide a wrongful death lawsuit brought by a Florida widower. The company had previously argued that the case belonged in arbitration because the man signed up for a trial of the Disney+ streaming service in 2019.

The lawsuit was filed by the husband of a woman who died last year of an allergic reaction after eating at a restaurant at the Disney Springs shopping center in Orlando.

“We believe this situation requires a sensitive approach to expedite a resolution for the family who has suffered such a painful loss,” Josh D'Amaro, chairman of Disney Experiences, told Reuters in an emailed statement.

“For this reason, we have decided to waive our right to arbitration and litigate the matter in court,” D'Amaro added.

The case began when Jeffrey Piccolo, his wife Kanokporn Tangsuan, and her mother ate at the Raglan Road Irish Pub and Restaurant on October 5, 2023. They allegedly chose the restaurant because both Disney and Raglan advertised that accommodating people with food allergies was a top priority.

Despite alleged assurances from the waiter that Tangsuan's order was allergen-free, she suffered an acute allergic reaction and died of anaphylactic shock due to elevated nut and dairy levels in her body, the Orange County court lawsuit says.

In its initial response to the complaint in April, Disney made no mention of arbitration, arguing instead that the company was not liable because it had no control over Raglan's operations or management and merely served as its landlord.

In another filing in late May, Disney raised a new defense: that the lawsuit is subject to arbitration based on Piccolo's Disney+ subscription and his use of the company's website in 2023 to purchase theme park tickets.

Also read: Wrongful death lawsuit against Disney serves as warning to consumers when they click 'I agree'