Disney waives arbitration in wrongful death lawsuit

ORLANDO, FL. – The Disney Company has “waived its right to arbitration” in the nationally sensational litigation surrounding the death of Kanokporn Tangsuan, who died of an allergic reaction after eating at a Disney Springs restaurant.

Waiver of our right to arbitration

In a statement obtained by NBC on Tuesday, Disney maintains its right to arbitration based on the end user license agreements (EULAs) of Disney-owned products such as Disney Plus, which require trial users to arbitrate any disputes with the company. Due to the sensitivity of the case, Disney “has decided to waive our right to arbitration and to litigate the matter in court.”

“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 has suffered such a painful loss,” said Josh D'Amaro, Chairman of Disney Experiences.

According to a response from Disney in mid-August, Disney claims it was simply trying to remove its name from the original lawsuit. The company argued that because the Raglan Road Irish Pub restaurant at Disney Springs was neither owned nor operated by Disney, it could not be a defendant in the case. However, Disney Springs is owned by Disney, which leases space to other companies.

Acute allergic reaction

According to a CNN report, 42-year-old Kanokporn Tangsuan, her husband Jeffrey Piccolo, and Piccolo's mother dined at the Raglan Road Irish Pub in Disney Springs, part of the Walt Disney World Resort in Florida, in October 2023. After staff assured Tangsuan that certain foods would be prepared allergen-free, she later “began to suffer a severe acute allergic reaction,” according to the lawsuit.

Despite administering an EpiPen to herself, Tangsuan died of “anaphylactic erection due to elevated levels of dairy and nuts in her body,” according to the lawsuit, which is based on a coroner's investigation.

“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. Attempts by companies like Disney to avoid jury trials should be viewed with skepticism,” Piccolo's attorney Brian Denney said in a statement to NBC.

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