Walt Disney World withdraws attempt to dismiss wrongful death lawsuit

Disney is backtracking on its attempt to dismiss a wrongful death lawsuit on the grounds that the victim's husband had previously subscribed to the streaming service Disney+.

In February, Jeffrey Piccolo filed a $50,000 lawsuit against Disney after his wife, Dr. Kanokporn Tangsuan, a physician at NYU Langone Hospital, died last year. Court documents viewed by PEOPLE claim Tangsuan suffered a fatal allergic reaction after eating at a Disney Springs restaurant.

On August 19, Josh D'Amaro, chairman of Disney Experiences, told PEOPLE in a statement that the company is now waiving its right to arbitration.

“At Disney, we strive to put humanity above all other considerations. Given such unique circumstances as this case, we believe this situation requires a sensitive approach to expedite a resolution for the family who have suffered such a painful loss,” he said. “For this reason, we have decided to waive our right to arbitration and take the matter to court.”

Initially, Disney had claimed in a lawsuit that the lawsuit had to be dismissed because Piccolo had already agreed to a one-month trial period for Disney+ in 2019 – and the contract obliges users to mediate all disputes with the company.

According to court documents, the terms and conditions Piccolo agreed to when purchasing theme park tickets in 2023 also protect the company from its lawsuit.

Following news that Disney was changing course, Piccolo's attorney Brian Denney told the Associated Press that his client would continue to “seek justice on behalf of his beloved wife,” adding that he hopes it will help raise awareness of the challenges faced by people with food allergies.

“The right to a jury trial, as enshrined in the Seventh Amendment to the U.S. Constitution, is a cornerstone of our legal system and should be protected and preserved,” he said in an emailed statement. “Attempts by companies like Disney to avoid jury trials should be viewed with skepticism.”

Piccolo's lawsuit lists October 5, 2023 as the date of her death. According to court documents, she was eating dinner at the Raglan Road Irish Pub in the Disney Springs area of ​​the park and allegedly told the waiter that she suffered from severe dairy and nut allergies and asked multiple times if various items on the menu could be served allergen-free.

According to the documents, Tangsuan ate the food after the waiter allegedly confirmed that the food was allergen-free. She suffered a severe allergic reaction and eventually died later in the hospital. Her cause of death was “a result of anaphylaxis due to increased amounts of milk and nuts in her body,” the lawsuit states.

A hearing is currently scheduled for October 2.