Disney has backed away from its claim that a man cannot sue it over his wife’s death because of the terms he agreed to in a free trial of Disney+.
Jeffrey Piccolo filed a wrongful death lawsuit against Disney and the owners of a restaurant after his wife died in 2023 from a severe allergic reaction after eating a meal at Disney World in Florida.
Disney said the case should instead go to arbitration because of a clause in the terms and conditions of its Disney+ streaming service, which Piccolo briefly subscribed to in 2019.
But after a backlash, the court decided the matter could now be heard in court.
“We believe this situation calls for a sensitive approach to expedite a resolution for the family who have suffered such a devastating loss,” Disney CEO Josh D’Amaro told the BBC in a statement.
“Accordingly, we have decided to waive our right to arbitration and take the matter to court.”
Arbitration means that the dispute is overseen by a neutral third party who is not a judge. The arbitration process is usually faster, cheaper, and less public than a court case.
Mr. Piccolo and his wife, Dr. Kanokporn Tangsuwan, had a meal at Raglan Road, an Irish-themed pub located on the Disney Springs site in Orlando, but operated by an independent company.
He claimed the restaurant did not adequately care about his wife’s severe allergies to dairy and nuts, despite repeatedly telling him about them.
She died in hospital later that day.
According to the legal file, the coroner confirmed her death “as a result of anaphylaxis due to high levels of dairy products and nuts in her system.”
Mr Piccolo is suing Disney for more than $50,000 (£38,400), plus other damages for suffering, loss of income, medical and legal costs.
Disney says it has no control over the management and operation of the restaurant.
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