Disney Reverses Course on Lawsuit That Sparked Outrage

Walt Disney Parks and Resorts has reversed course in attempts to get a park-goer’s wrongful death lawsuit dismissed due to fine print in their Disney+ subscription, CNN reported.

Previously, Disney argued in court documents that the plaintiff, Jeffrey Piccolo, could not sue the mega-corporation for the death of his wife, Kanokporn Tangsuan, due to stipulations in the couple’s Disney+ subscription. Tangsuan died of a fatal allergic reaction she suffered after eating a meal at a Disney World restaurant in 2023. Piccolo is seeking $50,000 under Florida’s Wrongful Death Act.

Walt Disney Parks and Resorts attempted to move the lawsuit from a public courtroom into private arbitration due to the fine print in Piccolo’s Disney+ contract which requires all users to arbitrate disputes with the company. Disney lawyers also argued that Piccolo had further forfeited his right to a public trial because he agreed to similar arbitration language when purchasing Epcot tickets for himself and Tangsuan.

But after vociferous backlash, Disney is walking back their effort to dismiss the suit. “At Disney, we strive to put humanity above all other considerations,” Josh D’Amaro, the chairman of Disney Experiences, said in a statement to CNN. “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.”

In court filings made last week, Piccolo’s lawyer, Brian Denney, blasted Disney’s effort to toss out the lawsuit, calling it “preposterous” and “so outrageously unreasonable and unfair as to shock the judicial conscience.”

Piccolo accused Disney of “explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+.”

“We are deeply saddened by the family’s loss and understand their grief,” a Disney spokesperson said in an August 14 statement. “Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”

Piccolo alleges that Tangsuan died after eating a meal at the Raglan Road Irish Pub in Disney Springs. According to the lawsuit, the couple chose the pub because they believed proper safeguards would be taken regarding Tangsuan’s nut and dairy allergy. They ordered several items, including a vegan fritter, scallops, onion rings, and a vegan shepherd’s pie.

The waiter guaranteed certain dishes would be made allergen-free, a point the couple confirmed “several times,” but shortly after leaving the restaurant Tangsuan began “suffering from a severe acute allergic reaction.” Though she was able to self-administer an Epi-Pen, Epi-Pen, Tangsuan died from “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit stated.