Walt Disney Co. has now agreed to let a wrongful-death lawsuit proceed in court, a reversal from its previous stance that the case needed to go through arbitration.
Jeffrey Piccolo sued Disney in February, alleging that his wife died of a severe allergic reaction after eating at a restaurant at Walt Disney World in Orlando, Fla.
The “unique circumstances” of the case warranted a “sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” Disney Experiences Chair Josh D’Amaro said in a statement released Monday night.
“As such, we’ve decided to waive our right to arbitration and have the matter proceed in court,” he said.
A court hearing scheduled for Oct. 2 to discuss Disney’s previous motion to toss the wrongful-death lawsuit was canceled Tuesday morning, according to court documents.
During a trip to the Disney Springs shopping complex in October 2023, Piccolo and his wife, Kanokporn Tangsuan, allegedly asked staff multiple times at the Raglan Road restaurant if the food Tangsuan ordered had dairy or nuts, which she was allergic to, according to Piccolo’s lawsuit. The couple were assured it did not, the lawsuit said.
Less than an hour after their meal, Tangsuan began having problems breathing and collapsed. She was taken to a hospital, where she later died. A medical examiner’s investigation found that Tangsuan died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.
In a response filed in May, Disney said the lawsuit should be tossed because Piccolo had agreed to terms and conditions mandating arbitration in “all disputes including those involving The Walt Disney Co. or its affiliates” when he signed up for a Disney+ account in 2019, according to a court filing.
Disney said Piccolo agreed to those terms and conditions again when he purchased tickets for him and his wife to visit Epcot through the Walt Disney World website. Disney said the binding arbitration clause for the tickets applies to anyone he bought tickets for, according to court documents.
In a response to the May Disney filing, Piccolo’s attorneys argued that his wife’s estate, which did not exist at the time he purchased the tickets because she was still alive, did not agree to any legal terms or conditions.
Piccolo’s attorney, Brian Denney, said in an email Tuesday that his client would “continue to pursue justice” for his wife at the trial court level.
“Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism,” he wrote.
Denney added that Piccolo hoped the publicity of the case would lead to “positive change to corporate food preparation policies and procedures.”
Piccolo is seeking at least $50,000 in damages, not including costs and post-judgment interest.
