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Ian Payne 4am - 7am
21 August 2024, 22:13
Disney has dropped its opposition case against a widower’s lawsuit over his wife’s death at one of their theme parks.
Kanokporn Tangsuan, 42, passed away after suffering a severe allergic reaction at Raglan Road Irish Pub and Restaurant in Disney Springs.
The family said a waiter told them the food was allergen-free.
Tangsuan’s husband, Jeffrey Piccolo, filed a wrongful death lawsuit against the corporation, claiming Disney had been negligent and failed to properly train their staff about food allergies.
But in a shocking response, Disney dismissed the case, claiming it should instead go to arbitration because Piccolo signed up to the company’s streaming service in 2023.
Disney has now walked back on this.
Josh D'Amaro, chairman of Disney Experiences, said: “At Disney, we strive to put humanity above all other considerations.
“With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.
“As such, we've decided to waive our right to arbitration and have the matter proceed in court.”
Josh D'Amaro, chairman of Disney Experiences, said: “At Disney, we strive to put humanity above all other considerations.
“With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.
“As such, we've decided to waive our right to arbitration and have the matter proceed in court.”
A lawyer representing the family branded the idea that, because Piccolo had signed up to Disney+, the suit must go to arbitration “absurd.”
Brian Denney said: "There is simply no reading of the Disney+ Subscriber Agreement, the only Agreement Mr. Piccolo allegedly assented to in creating his Disney+ account, which would support the notion that he was agreeing on behalf of his wife or her estate, to arbitrate injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort from which she died."
"Frankly, any such suggestion borders on the absurd," he added.
"There is not a single authority in Florida that would support such an inane argument," Denney continued.