New York – Disney has changed course, and now says it will no longer seek arbitration. Long Island doctor dies.
Amy Tangsuan, MD, NYU Langone Physician of Plainview, She died when she had an allergic attack. After eating at Disney Springs Raglan Road Restaurant.
Tangsuan had severe allergies to dairy products and nuts. Friends said she was vigilant whenever she ate out, repeatedly asking if the food might contain these allergens.
The lawsuit alleges that the restaurant’s server guaranteed that some of the food would be free of allergens.
Tangsuan She died of “anaphylaxis due to high levels of dairy and nuts in her system.” After eating at the restaurant.
Disney initially tried to dismiss the case over Disney+ terms.
Disney was trying to have the lawsuit dismissed. Because of the small print on the Disney+ streaming app, it says Tangsuan’s husband had previously agreed to the arbitration clause when he signed up for Disney+, and when he bought tickets to Epcot before Tangsuan’s death.
The family filed a lawsuit.
Although Disney initially tried to dismiss the case, it has now abandoned those efforts.
“At Disney, we strive to put humanity above all other considerations,” said Josh D’Amaro, president of Disney Experiences. “Under unique circumstances like those in this case, we believe this situation calls for a sensitive approach to expedite a resolution for a family that has suffered such a painful loss. As such, we have decided to waive our right to arbitration and take the matter to court.”
Tangsuan’s loved ones were relieved by the company’s decision.
“I couldn’t believe it, but I’m glad they changed their mind,” Sabrina Martini, Tangsuan’s friend, told Lisa Rosner of CBS News in New York. “I was relieved… because I wanted to see exactly what their process was.”
“Despite Disney’s withdrawal of its motion, the arbitration provisions it relied upon in its motion remain on various platforms (such as streaming services, Disney park tickets, etc.) and potentially expose other individuals harmed by Disney’s negligence to the risk of facing a similar legal challenge,” Tangsuan’s husband’s lawyers said in part.
A legal expert told CBS News New York that the judge is unlikely to side with Disney.
“This is so contrary to the public interest and so disrespectful to the consumer that I don’t think any court would allow it,” said attorney Eric Sobin, a partner at Sobin & Associates.
Tangsuan’s husband’s lawyer added that he hopes this will lead to positive change in corporate food preparation policies.
Read the lawsuit
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