Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+

NEW YORK — Disney is no longer asking a Florida court to grant a wrongful death lawsuit on the grounds that the victim’s family had a subscription to the streaming service Disney+.

The company filed a motion to withdraw the request in Orange County Superior Court on Tuesday, drawing widespread criticism after the motion was made public.

Josh D’Amaro, chairman of Disney’s theme parks division, said in an earlier emailed statement to The Associated Press that the entertainment giant will waive its arbitration rights and proceed to trial in court with the lawsuit, brought by the husband of a New York doctor who suffered a fatal allergic reaction after eating at a Disney Springs restaurant.

“At Disney, we strive to put humanity above all other considerations,” he said in the statement Monday night. “With such unique circumstances as those in this case, we believe this situation requires a sensitive approach to expedite a resolution for the family who has experienced such a painful loss.”

Disney had previously argued that Jeffrey Piccolo could not sue the company because he had agreed to settle any lawsuits against the company out of court when he signed up for a one-month trial of Disney+ in 2019.

Piccolo’s lawyers did not immediately respond to an email seeking comment Tuesday.

In a response filed this month, they argued that it was “absurd” to believe that Disney+’s more than 150 million subscribers had given up all rights to sue the company and its affiliates in perpetuity, because of language “hidden” in the fine print.

The company, which sought to have the lawsuit dismissed, argued that Piccolo not only agreed to the arbitration terms in his Disney+ lawsuit, but also when he created an account on Disney’s website and app to purchase tickets for the couple’s fateful visit to the theme park.

Both sides were scheduled to plead their cases in court in Orlando on October 2.

Arbitration offers people the opportunity to resolve disputes without going to court. It usually involves a neutral arbitrator who reviews the arguments and evidence before making a binding decision or award.

Disney said in a statement to The Associated Press last week that it was merely defending itself against Piccolo’s attempt to include the company in his lawsuit against Raglan Road, the Irish pub in Disney Springs where the family dined.

Spokespeople for the restaurant did not immediately respond to an email seeking comment Tuesday. Disney Springs is owned by Disney, which leases some space in the open-air restaurant, shopping and entertainment complex to other companies.

Piccolo alleges in his lawsuit that the family decided to dine at Raglan Road in October because it was advertised as “allergen-free” on Disney’s website.

Piccolo’s wife, Dr. Kanokporn Tangsuan, a physician at NYU Langone’s Carle Place practice in New York, had a severe allergy to nuts and dairy products. The waiter assured them her food was prepared without allergens, the lawsuit says.

But less than an hour after Tangsuan finished eating, he had difficulty breathing, collapsed and died at the hospital despite administering an EpiPen to himself, the lawsuit said.

The coroner determined she died as a result of “anaphylaxis due to elevated amounts of dairy and nuts in her system,” the lawsuit said.

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Follow Philip Marcelo on twitter.com/philmarcelo.