(CNN) — Disney has reversed course on a wrongful death lawsuit brought by the widower of a woman who died after eating at a resort restaurant, saying the matter can now proceed to court.
Previously, Walt Disney Parks and Resorts had argued in court documents that the widower’s Disney+ streaming service contract means he cannot sue for the alleged wrongful death of his wife.
In the lawsuit, plaintiff Jeffrey Piccolo alleged that his late wife, Kanokporn Tangsuan, suffered a fatal allergic reaction from a meal she ate at a park restaurant in 2023. But Disney tried to get the lawsuit tossed by asking the court to move the dispute to arbitration, meaning the case would not go before a jury or otherwise continue in court.
Disney’s argument was that Piccolo had allegedly entered into a subscriber agreement when signing up for a Disney+ trial years ago – which requires users to arbitrate all disputes with the company.
Company lawyers also claimed that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s late wife.
In a statement sent to CNN on Monday, Josh D’Amaro, the chairman of Disney Experiences, said the company was waiving its right to arbitration.
“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” he said in the statement.
“As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
In a statement to CNN, Piccolo’s lawyer Brian Denney said that though Disney had withdrawn its motion to arbitrate, those legal clauses still exist across Disney’s platforms, including on its streaming services and park entrance tickets – posing a similar legal risk for other people in Piccolo’s position.
“Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism,” he said, calling jury trials a “bedrock of our judicial system.” Piccolo will now continue pursuing the case in court, he said.
Last week after Disney’s initial argument, Denney had called the move “preposterous … so outrageously unreasonable and unfair as to shock the judicial conscience.”
Piccolo’s lawyers also noted that the widower believed he had only signed up for a month-long free streaming trial, as it appears he canceled the subscription before he was ever charged.
Piccolo is seeking damages in excess of $50,000 pursuant to Florida’s Wrongful Death Act, as well as damages for mental pain and suffering, loss of companionship and protection, loss of income and medical and funeral expenses.
The-CNN-Wire
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