Disney Reverses Stance, Agrees To Court Trial In Florida Wrongful Death Lawsuit Over Fatal Allergy Incident: 'Situation Warrants A Sensitive Approach'

In a change of strategy, Walt Disney Co. DIS has agreed to a court trial for a wrongful death lawsuit in Florida, abandoning its previous insistence on arbitration.

What Happened: Disney has consented to have a wrongful death lawsuit decided in court. The lawsuit was lodged by Jeffrey Piccolo, whose wife succumbed to an allergic reaction after eating at a restaurant in Orlando’s Disney Springs shopping complex, Reuters reported on Tuesday.

Disney initially pushed for arbitration, arguing that Piccolo had signed up for a trial of Disney+ in 2019. However, Josh D’Amaro, Chairman of Disney Experiences, recently announced the company’s decision to forego its right to arbitration.

“We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” D’Amaro said.

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The lawsuit began when Piccolo, his wife, and her mother ate at Raglan Road Irish Pub and Restaurant in October 2023. Despite assurances that the meal was allergen-free, Piccolo’s wife had a fatal allergic reaction, allegedly due to high levels of nut and dairy in her system.

In their initial response, Disney claimed it was not liable as it only serves as the landlord for Raglan’s operations. However, in a later filing, Disney suggested that the complaint is subject to arbitration based on Piccolo’s Disney+ subscription and using the company’s website in 2023 to purchase theme park tickets.

Why It Matters: This lawsuit follows Disney’s previous assertion that the wrongful death lawsuit should be dismissed due to an arbitration clause in their streaming service agreement. Disney contended that Piccolo’s Disney+ subscription prevented him from suing the company. The lawsuit, seeking more than $50,000, was initiated following the death of Piccolo’s wife, who allegedly suffered a fatal allergic reaction after dining at an Irish pub in Disney Springs.

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This story was generated using Benzinga Neuro and edited by Pooja Rajkumari