Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Disney is no longer asking a Florida court to dismiss a wrongful death lawsuit on the grounds that the victim’s family had signed up for its streaming service Disney+
NEW YORK — Disney is no longer asking a Florida court to dismiss a wrongful death lawsuit on the grounds that the victim’s family had signed up for its streaming service Disney+.
The company filed a notice in Orange County court on Tuesday to withdraw the motion, which had drawn swift backlash when it became public.
Josh D’Amaro, chairperson of Disney's theme park division, said in a statement emailed earlier to The Associated Press that the entertainment giant will waive its arbitration rights and allow the suit, brought by the husband of a New York doctor who suffered a fatal allergic reaction after eating at a restaurant in Disney Springs, to proceed in court.
“At Disney, we strive to put humanity above all other considerations,” he said in the Monday night statement. “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.”
Disney had previously argued that Jeffrey Piccolo could not sue the company because he agreed to settle any lawsuits against the company out of court when he signed up for a one-month trial subscription to Disney+ back in 2019.
Brian Denney, Piccolo’s Florida-based lawyer, said Tuesday that his client will continue to “pursue justice on behalf of his beloved wife” and hopes that their ordeal has helped raised awareness of the challenges people with food allergies face.
He also noted that others seeking to take Disney to court risk facing a similar legal challenge as the arbitration provision
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