Background of the Case
Disney (NYSE:DIS) has decided to drop its attempt to dismiss a wrongful death lawsuit involving the death of Dr. Kanokporn Tangsuan, who suffered a fatal allergic reaction after dining at Raglan Road, a restaurant in Disney Springs. The decision came after Disney had initially argued that the lawsuit should be dismissed because Jeffrey Piccolo, Tangsuan’s husband, had agreed to settle any disputes out of court by subscribing to Disney+.
Disney’s New Stance
Josh D’Amaro, Chairperson of Disney’s theme park division, announced that the company would waive its arbitration rights and allow the lawsuit to proceed in court. Disney will file a memo confirming its change in position, which reflects the company’s commitment to a sensitive approach in this case.
Previous Legal Arguments
Disney had previously contended that Piccolo’s agreement to arbitration terms, associated with his Disney+ subscription, extended to his lawsuit against the company. They argued that Piccolo’s agreement included both his Disney+ trial subscription and subsequent transactions related to their theme park visit.
Response from Plaintiff
Piccolo’s legal team had challenged Disney’s argument, labeling it as “absurd” and asserting that Disney’s terms were not communicated to subscribers. They argued that the fine print of the subscription terms should not override Piccolo’s right to pursue legal action in this tragic case.
Details of the Incident
The lawsuit claims that the family chose Raglan Road based on Disney’s website promotion of allergen-free food. Despite assurances from the waiter, Tangsuan experienced a severe allergic reaction shortly after eating, leading to her death. The medical examiner attributed her death to anaphylaxis caused by allergens.
Disney’s Position
In a recent statement, Disney clarified that it was defending itself against Piccolo’s inclusion of the company in the lawsuit against Raglan Road. Disney operates Disney Springs but leases space to various tenants, including the restaurant in question.
Disney’s shift in strategy aims to address the sensitive nature of the case and expedite a resolution for the grieving family.
Featured Image: Megapixl
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