Disney has retracted a claim that because a man signed up for a Disney+ account, he couldn’t sue over his wife’s death at a Disney resort.
The shocking argument led to negative publicity for the Mouse House earlier this month, apparently causing Disney to back off.
“At Disney, we strive to put humanity above all other considerations,” said Disney theme park manager Josh D’Amaro.
Jeffrey Piccolo filed a wrongful death lawsuit earlier this year after his wife, Dr. Kanokporn Tangsuan, died in October 2023 from a severe allergic reaction after eating at a restaurant in Disney Springs outside of Orlando.
Piccolo and Tangsuan had discussed her allergies to nuts and dairy products with restaurant staff several times during the meal and was told everything would be fine, according to the lawsuit. But about an hour after eating, Tangsuan collapsed and died of anaphylaxis due to the nuts and dairy in her system.
When Piccolo sued, Disney argued that he had waived his right to a lawsuit when he signed up for a free trial of Disney+ back in 2019. The Streaming Service Terms require all disputes to be resolved through out-of-court arbitration.
But last week, Piccolo’s lawyers disclosed that argument publicly and responded in court by calling it “so outrageously unreasonable and unjust as to shock the judicial conscience.”
“In an attempt to push the claim into a confidential environment on what were very flimsy grounds, [Disney] just succeeded creating the very publicity and attention it probably wanted to avoid“, British lawyer Jamie Cartwright told the BBC.
Disney filed on Tuesday retract his argument to write off the target.
“With such unique circumstances as those in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who has experienced such a painful loss,” D’Amaro said.
With News Wire Services