Disney has decided to retract its request to dismiss a wrongful death lawsuit involving the family of a New York doctor who tragically passed away due to an allergic reaction after dining at a restaurant in Disney Springs. The company initially argued that the victim’s husband, Jeffrey Piccolo, had waived his right to sue by subscribing to the Disney+ streaming service. However, Disney’s theme park division chairperson, Josh D’Amaro, stated that they would waive their arbitration rights and allow the lawsuit to proceed in court to expedite a resolution for the grieving family.
Piccolo’s lawyer, Brian Denney, confirmed that his client will continue to seek justice for his late wife and raise awareness about the challenges faced by individuals with food allergies. Denney emphasized the importance of preserving the right to a jury trial despite corporations’ attempts to avoid such legal proceedings.
The lawsuit claims that the family chose to dine at Raglan Road based on Disney’s representation of “allergen-free food” on its website. Unfortunately, Dr. Kanokporn Tangsuan suffered a fatal allergic reaction despite assurances from the waiter that her meal was free of allergens. She passed away at a hospital shortly after finishing her dinner, despite using an EpiPen.
Both sides were prepared to present their arguments in court, but the scheduled hearing in Orlando was canceled following Disney’s decision to allow the lawsuit to proceed. The case highlights the complexities and repercussions surrounding legal agreements and the pursuit of justice in cases of wrongful death and negligence.
