In the wake of a wave of negative publicity, the Walt Disney Company has backtracked on its controversial response to a wrongful death lawsuit filed against it earlier this year.
Disney Changing Legal Course
One of the world’s biggest entertainment companies has backpedaled on its legal strategy regarding a controversial wrongful death lawsuit.
Wrongful Death Lawsuit
Last year NYU doctor Kanokporn Tangsuan passed away after suffering a severe allergy reaction while eating at Raglan Road restaurant, which operates in the Disney Springs entertainment complex at Walt Disney World Resort in Lake Buena Vista, Florida.
Filed by Her Husband
Her husband, Jeffrey Piccolo, filed a wrongful death lawsuit against Walt Disney Parks and Resorts, claiming that staff served Tangsuan dishes with dairy and nuts despite being made aware of her allergies.
Request to Dismiss the Case
Earlier this month the company argued in court documents that the $50,000 lawsuit should be thrown out of court because Piccolo – not Tangsuan – had signed up for a free Disney+ trial subscription back in 2019, which waived Piccolo’s right to file a legal dispute against the company.
Claims to Arbitration
This is because the terms and agreements of the trial subscription stipulate that the user must seek arbitration through a third party in all legal disputes involving the entertainment giant.
Public Backlash
The response to the lawsuit provoked outrage from the general public, eliciting fears that the ‘small print’ that often goes unread in user agreements could have devastating ramifications for the average person in court.
Plaintiff’s Lawyer Responds
Piccolo’s lawyer Brian Denney also responded to Disney’s claim, calling it “preposterous” and “so outrageously unreasonable and unfair as to shock the judicial conscience.”
Dropping It’s Claims
Now, Disney has changed its course regarding the wrongful death lawsuit by dropping its request to dismiss the lawsuit, as well as any claims to arbitration.
Filed in Orange County
The company filed its latest notice in Orange County court on Tuesday, making the claim that it wanted to take a more “sensitive” approach to the matter.
“Humanity Above All”
“At Disney, we strive to put humanity above all other considerations,” said Disney’s theme park division chairperson Josh D’Amaro, in an email statement to the Associated Press following the notice.
Responding to “Unique Circumstances”
“With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” D’Amaro continued.
Leave It to the Courts
Now, it will be up to the Florida courts to decide whether Disney is liable for Tangsuan’s death, which it has previously strongly denied.
Disney Customers Relieved
The announcement will likely come as a relief to people who have been following the case, and in particular fellow Disney+ subscribers and other customers of Disney’s affiliates and subsidiaries.
Legal Implications for Consumers
Many consumers are now questioning whether their years-old trial subscriptions could cause them potential legal issues down the road, all because of contracts they signed without reading.
Consequences for 150 Million Subscribers?
Denney appears to agree, accusing Walt Disney Parks and Resorts of “explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” in a court response.
Not Changed in Its “Right”
While Disney has evidently changed tack regarding the case, possibly due to the public backlash it has received, the company has not changed its stance that it is legally entitled to the case’s dismissal, describing its decision as “[waiving] our right to arbitration.”
Arbitration Not Initially Mentioned
The arbitration defense was not Disney’s first response to the lawsuit, which was filed in February. Instead, it initially responded in April denying any liability as Walt Disney Parks and Resorts had no control over the Raglan Road restaurant’s management or operation. There was no mention of arbitration.
Second Filing in May
In late May the company followed up with a second filing using the Disney+ subscription defense, as well as citing Piccolo’s use of an official Disney site to purchase Epcot Center tickets in 2023.
Defending Their Stance
Disney then responded to the public backlash by acknowledging the “grief” and “loss” that Tangsuan’s family had experienced, but claimed, “we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
Wrongful Death Act
Piccolo will not continue to pursue damages in excess of $50,000 against the entertainment company under Florida’s Wrongful Death Act. He is also seeking damages for mental pain and suffering, amongst other claims.
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