In a surprising turn of events, Walt Disney Co. has agreed to a court trial for a wrongful death lawsuit filed in Florida. This decision marks a significant departure from the company’s initial stance, where they insisted on arbitration as a means of resolving the case. The lawsuit was brought by Jeffrey Piccolo, whose wife tragically died after suffering an allergic reaction following a meal at Raglan Road Irish Pub and Restaurant in Disney Springs, Orlando.
The dispute arose after Disney initially sought to settle the matter through arbitration, citing Piccolo’s Disney+ subscription agreement. They argued that this agreement contained an arbitration clause that would necessitate the case to be handled through a private process instead of a public court. However, Josh D’Amaro, Chairman of Disney Experiences, recently announced that Disney would forgo its right to arbitration, stating that the situation requires a more sensitive approach to facilitate a swift resolution for the grieving family.
The lawsuit details a harrowing incident where Piccolo, his wife, and her mother dined at the Raglan Road Irish Pub. Despite assurances that the meal was free of allergens, Piccolo’s wife tragically experienced a fatal allergic reaction, allegedly due to the presence of nuts and dairy in her food.
In their initial response to the lawsuit, Disney claimed they were not liable for the incident, arguing that they only served as the landlord for Raglan Road’s operations. However, in a subsequent filing, Disney suggested that the complaint should be subject to arbitration, citing Piccolo’s 2019 Disney+ subscription and his use of the company’s website to purchase theme park tickets in 2023.
This case marks a significant shift in Disney’s strategy, as they previously maintained that the wrongful death lawsuit should be dismissed due to the arbitration clause in their streaming service agreement. They argued that Piccolo’s Disney+ subscription prohibited him from pursuing legal action against the company.
The lawsuit, seeking over $50,000 in damages, was filed following the tragic death of Piccolo’s wife. This case highlights the complexities of contractual agreements and the potential consequences of relying on such agreements in the face of personal tragedy.
