Josh D’Amaro Announces End of Arbitration Clause in Disney Springs Lawsuit. Disney has withdrawn its claim that a man could not sue the company over the death of his wife due to terms he signed up for in a free trial of Disney+.
Jeffrey Piccolo filed a wrongful death lawsuit against Disney and the owners of a restaurant after his wife, Dr. Kanokporn Tangsuan, died from a severe allergic reaction following a meal at Disney World in 2023. Disney had originally argued that the case should be resolved through arbitration based on a clause in the terms and conditions of its Disney+ streaming service, which Mr. Piccolo had briefly signed up for in 2019.
However, following a public backlash, Disney decided to allow the matter to proceed in court. “We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” said Josh D’Amaro, of Disney. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.” Made in a statement to the BBC
Related: Create Your Own Headbands Coming to Disney Springs – Disney Ever After
Arbitration is a process where a neutral third party resolves a dispute. It is typically quicker, cheaper, and less public than a court case.
Mr. Piccolo alleges that the restaurant, Raglan Road, an Ireland-themed pub located at the Disney Springs site, did not take enough care of his wife’s severe allergies to dairy and nuts, despite being repeatedly informed of them. She died in the hospital after eating at the restaurant.
Mr. Piccolo is suing Disney and the restaurant for over $50,000 in addition to other damages. Disney has argued that it had no control over the management and operation of the restaurant. Lawyers for Mr. Piccolo had criticized Disney’s argument to keep the lawsuit out of court, calling it “surreal.”
It is unclear whether Disney would have been successful in forcing arbitration. Legal experts questioned the company’s argument that accepting terms and conditions for one product covered all interactions with the company.
Disney is now in the process of submitting a filing to the court to withdraw its call for arbitration.
Josh D’Amaro Announces End of Arbitration Clause in Disney Springs Lawsuit
