Disney reverses course after trying to quash wrongful death lawsuit over widower's Disney+ trial

Disney is backing down from a controversial legal strategy.

After Jeffrey Piccolo filed a wrongful death suit against the company on behalf of his late wife who suffered a fatal allergy attack following a meal at a Disney World restaurant, the entertainment giant attempted to get the case thrown out on the basis of the plaintiff subscribing to Disney+ in 2019. Now, in the wake of widespread public criticism, Disney has reversed course in the case, allowing the wrongful death suit to proceed.

Josh D’Amaro, the chairman of Disney Experiences, commented on the move in a statement obtained by Entertainment Weekly. "At Disney, we strive to put humanity above all other considerations," he said. "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. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court."

A representative for Piccolo, who filed the suit in February, did not immediately respond to EW's request for comment. Piccolo's lawyer Brian Denney told the Associated Press that his client will "pursue justice on behalf of his beloved wife," noting that "attempts by corporations like Disney to avoid jury trials should be looked at with skepticism."

According to NPR, the complaint states that on Oct. 5, Piccolo, his mother, and his wife, Kanokporn Tangsuan, ate dinner at Raglan Road Irish Pub inside the Walt Disney Company-owned Disney Springs complex — a restaurant they specifically chose because Tangsuan is "highly allergic" to dairy and nuts, and the eatery advertised its accommodations to diners with dietary restrictions. 

After multiple interactions wherein restaurant staffers allegedly said the food was allergen free, the complaint claims that Tangsuan "began having severe difficulty breathing and collapsed to the floor" when she was shopping alone 45 minutes after the meal, per NPR. A passerby called 911, and Tangsuan was rushed to a hospital, where the Piccolos were told she had died after arriving to meet her there.

Piccolo is seeking $50,000 in damages and a trial by jury, but in May, Disney argued that the matter should be handled out of court due to the terms and conditions to which Piccolo agreed during his subscription to Disney+ in 2019, which stipulate that "any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration." The company also noted that Piccolo agreed to similar terms when he bought theme park tickets online in 2023.

Piccolo's lawyers responded that he could not find any charges related to a Disney+ subscription in his transaction history, leading him to believe that he only signed up for a one-month free trial and was not a paying subscriber for the service.

In their 123-page response filed in early August, Piccolo's attorneys argued, "There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death." Piccolo's team also noted that, "In effect, [Walt Disney Parks and Resorts] is 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+."