Disney drops fine-print arbitration claim in widower's wrongful death allergy case

The company sparked outrage by invoking its terms of service for Disney+

Mickey Mouse and Ariana Grande
Singer Ariana Grande kisses Mickey Mouse at Walt Disney World in Orlando, Fla., on June 24, 2014. Chloe Rice/Disney Parks via Getty Images

Disney will allow a widower's wrongful-death lawsuit against it to proceed — after sparking outrage by claiming the case had to go to arbitration because he once signed up for its online streaming service.

In a statement, a Disney executive said the "unique circumstances" called for a "sensitive approach to expedite a resolution for the family who have experienced such a painful loss," the Associated Press reported Tuesday.

"At Disney, we strive to put humanity above all other considerations," said Josh D'Amaro, chairman of the company's parks division.

The reversal followed a backlash that erupted last week over Disney's attempt to dismiss a lawsuit in the death of Dr. Kanokporn "Amy" Tangsuan, who suffered severe allergic reaction after dining at the Disney Springs shopping center in Orlando, Florida.

The company said Tangsuan's husband, Jeffrey Piccolo, agreed to settle any claims against it out of court due to a clause in the fine print of the terms of service for its Disney+ streaming service.

Piccolo signed up for a one-month trial Disney+ subscription in 2019.

Social media users posted images of a devilish-looking Mickey Mouse holding contract papers, including one in which he told a worried-looking man, "Trust me Bro. Sign up for Disney+."

Other commenters called the legal maneuver "one of the most ludicrously evil things I have ever witnessed" and accused the company of a "complete lack of morals."

Sarasota, Florida, personal injury lawyer Matt Tympanick also wrote that Disney's "waiver argument will NEVER fly with a jury" and Los Angeles lawyer Rob Freund said, "Good luck with that."

Piccolo's lawsuit, filed in Orange County, Florida, alleges that he, his wife and his mother went to the Raglan Road Irish Pub and Restaurant in Disney Springs, part of the Walt Disney World complex, on Oct. 5, 2023.

Tangsuan told a server she was severely allergic to nuts and dairy and the server "guaranteed" her food would be safe to eat but she died about an hour later of "anaphylaxis due to elevated levels of dairy and nut in her system," according to the lawsuit.

Tags
Disney, Lawsuit, Wrongful death
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