Disney now says wrongful death lawsuit can go to court

Walt Disney Co. has now agreed to litigate a wrongful death case in court, deviating from its previous stance that the case should go to arbitration.

Jeffrey Piccolo sued Disney in February, claiming his wife died of a severe allergic reaction after eating at a restaurant at Walt Disney World in Orlando, Florida.

The “unique circumstances” of the case required a “sensitive approach to expedite a resolution for the family who has suffered such a painful loss,” Josh D'Amaro, chairman of Disney Experiences, said in a statement released Monday evening.

“For this reason, we have decided to waive our right to arbitration and to litigate the matter in court,” he said.

A court hearing scheduled for Oct. 2 to address Disney's previous motion to dismiss the wrongful death lawsuit was canceled Tuesday morning, court records show.

During a trip to Disney Springs shopping mall in October 2023, Piccolo and his wife, Kanokporn Tangsuan, allegedly asked staff at the Raglan Road restaurant multiple times whether the food Tangsuan ordered contained dairy or nuts, to which she was allergic, Piccolo's lawsuit states. The couple was assured it did not, the lawsuit states.

Less than an hour after eating, Tangsuan began having trouble breathing and collapsed. She was taken to a hospital, where she later died. A medical examiner's investigation determined that Tangsuan died of “anaphylaxis due to increased amounts of milk and nuts in her body,” the lawsuit states.

In a response filed in May, Disney said the lawsuit must be dismissed because when Piccolo signed up for a Disney+ account in 2019, he agreed to terms requiring arbitration in “all disputes, including those involving The Walt Disney Co. or its affiliates,” according to a court filing.

Disney said Piccolo agreed to those terms again when he purchased tickets for himself and his wife to visit Epcot through the Walt Disney World website. Disney said the binding arbitration clause on the tickets applied to anyone he purchased tickets for, court documents said.

In a response to Disney's lawsuit in May, Piccolo's lawyers argued that his wife's estate – which did not exist at the time the ticket was purchased because she was still alive – had not agreed to any legal terms.

Piccolo's attorney, Brian Denney, said in an email Tuesday that his client would continue to seek justice for his wife in the trial court.

“Attempts by companies like Disney to avoid jury trials should be viewed with skepticism,” he wrote.

Denney added that Piccolo hopes the publicity of the case will lead to “positive changes in corporate food preparation policies and procedures.”

Piccolo is seeking at least $50,000 in damages, not including costs and post-judgment interest.