Disney withdraws attempt to dismiss allergy death lawsuit because plaintiff signed up for Disney+

NEW YORK (AP) — Disney will no longer ask a Florida court to dismiss a Lawsuit for wrongful death on the grounds that the victim's family had signed up for Disney+, the company said in a statement on Monday.

Josh D'Amaro, chairman of Disney's theme parks division, said the entertainment giant will waive its right to arbitration and take the lawsuit brought by the husband of a New York doctor who suffered a fatal allergic reaction after eating at a Disney Springs restaurant to court.

Disney had previously argued that Jeffrey Piccolo could not sue the company because he had agreed to settle any claims against the company out of court when he signed up for a one-month trial subscription to Disney+ in 2019.

But Disney announced in its statement emailed Monday evening that the company would file a memo with the court confirming that it would no longer pursue that argument.

“At Disney, we strive to put humanity above all other considerations,” D'Amaro said. “In such unique circumstances as this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who has suffered such a painful loss.”

Piccolo's lawyers did not immediately respond to an email seeking comment Tuesday.

In a response filed this month, they argued that it was “absurd” to assume that Disney+'s more than 150 million subscribers had waived all rights to sue the company and its subsidiaries in perpetuity because of language “buried” in the fine print.

In its effort to dismiss the lawsuit, the company argued that Piccolo not only agreed to the terms of arbitration in his Disney+ lawsuit, but again when he opened an account on the Disney website and app to purchase the couple's tickets for their ill-fated theme park visit.

Arbitration allows disputes to be resolved without resorting to a court. Typically, a neutral arbitrator will review the arguments and evidence before making a binding decision or award.

Disney said in a follow-up statement to the Associated Press last week that it was merely defending itself against Piccolo's attempt to include the company in his lawsuit against Raglan Road, the Irish pub in Disney Springs where the family dined.

Disney Springs is owned by Disney, which leases some of the outdoor dining, shopping and entertainment complex's space to other companies.

Piccolo's lawsuit alleges that the family decided to eat at Raglan Road in October because the Disney website advertised “allergen-free food.”

Piccolo's wife, Dr. Kanokporn Tangsuan, a physician at NYU Langone's office in Carle Place, New York, suffered from severe allergies to nuts and dairy products, and the waiter had assured them their food was prepared without allergens, the lawsuit says.

But less than an hour after they finished dinner, Tangsuan began having difficulty breathing, collapsed and died in the hospital despite administering himself an EpiPen, the lawsuit says.

The medical examiner concluded that she died of “anaphylaxis due to elevated levels of dairy and nuts in her body,” the lawsuit states.

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Follow Philip Marcelo on twitter.com/philmarcelo.