An update has been revealed regarding the legal battle between Disney and a grieving widower who filed a wrongful death lawsuit against the House of Mouse. After a backlash over Disney’s initial move, the case will now go to court without any opposition.
Disney has recently come under heavy criticism following widespread media coverage of Jeffrey Piccolo’s lawsuit against the company. The suit was filed after Piccolo’s wife died in 2023 after dining at a restaurant at the company’s Disney Springs resort in Orlando. Piccolo says he and his wife, Kanokporn Tangsuan, who had dairy and nut allergies, were assured by staff at the restaurant, Raglan Road Irish Pub, that her food was specially prepared to be allergen-free. Tangsuan suffered an allergic reaction and died shortly after eating.
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Piccolo is seeking at least $50,000 in damages, as well as additional compensation for pain and suffering, loss of companionship, and financial expenses related to the loss. Controversially, Disney’s lawyers have argued that the lawsuit should be dismissed and settled out of court. They argued that the terms and conditions Piccolo agreed to when he signed up for a Disney+ trial in 2019 included an agreement to arbitrate all disputes with the company. This legal tactic has led to fierce criticism of Disney on social media, and by DeadlineThe Mouse House has now confirmed that it will not arbitrate the case. Disney is reportedly in the process of filing the formal waiver-opt-out in court.
At Disney, we strive to place humanity above all other considerations.
“At Disney, we strive to place humanity above all other considerations,” reads an official statement written by Josh D’Amaro, president of Disney Experiences. “With circumstances as unique as those of this case, we believe this situation warrants a sensitive approach to expedite resolution for the family who has experienced such a painful loss. As such, we have decided to waive our right to arbitration and that the matter be brought before the court.
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Piccolo will be entitled to his trial
Piccolo’s attorney, Brian Denney, had blasted Disney’s initial decision to refer the case to arbitration based on the terms and conditions of a five-year-old streaming service. Denney further described the decision as “so outrageously unreasonable and unjust that it shocks the judicial conscience.”
“[Walt Disney Parks and Resorts] “explicitly seeks to prohibit its 150 million Disney+ subscribers from pursuing a wrongful death claim against it in front of a jury, even though the facts of the case have nothing to do with Disney+,” the lawyer said, stressing that the idea was “absurd.”
It remains to be seen how the trial will ultimately end, but Piccolo will get his day in court, likely thanks to the overwhelming public support he has received.
Source: Deadline
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