August 20th 2024.
Disney has recently made a significant change in their stance regarding a wrongful death lawsuit brought forward by a man whose wife tragically passed away after dining at one of their resort restaurants. The company has now agreed that the case can proceed to court, a stark contrast to their previous argument in court documents that the widower's Disney+ streaming service contract prohibited him from suing for the alleged wrongful death of his beloved wife.
The plaintiff, Jeffrey Piccolo, filed the lawsuit after his late wife, Kanokporn Tangsuan, suffered a fatal allergic reaction from a meal she ate at a Disney park restaurant in 2023. The couple had been enjoying a vacation at the park when this tragic incident occurred. Piccolo's lawyers argued that Disney tried to dismiss the case by requesting that it be moved to arbitration, which would mean that the dispute would not be heard by a jury or continue in a court of law.
Disney's defense was based on the claim that Piccolo had signed a subscriber agreement when he signed up for a Disney+ trial years ago, which stated that any disputes with the company must be resolved through arbitration. Furthermore, the company's lawyers also argued that because Piccolo used the Walt Disney Parks' website to purchase tickets for the Epcot Center, Disney was protected from any lawsuits from the estate of Piccolo's late wife.
However, in a statement released to CNN on Monday, Josh D'Amaro, the chairman of Disney Experiences, announced that the company had decided to waive their right to arbitration. He explained that, at Disney, they prioritize humanity above all else, and in this particular case, they felt that a more compassionate approach was necessary to expedite a resolution for the grieving family. D'Amaro stated, "We believe this situation warrants a sensitive approach, and as such, we have decided to waive our right to arbitration and allow the case to proceed in court."
Last week, Piccolo's lawyer, Brian Denney, had strongly criticized Disney's argument, calling it "preposterous" and "outrageously unreasonable and unfair." He also added that it was shocking to the judicial conscience. Additionally, Piccolo's lawyers pointed out that their client had only signed up for a one-month free streaming trial and had canceled the subscription before being charged.
When reached for comment, Piccolo's lawyer did not respond to CNN's request. Piccolo is seeking damages of over $50,000 under Florida's Wrongful Death Act, as well as compensation for mental pain and suffering, loss of companionship and protection, loss of income, and medical and funeral expenses. This is a devastating loss for the widower, and we hope that this change in Disney's approach will bring some closure and justice to the family during this difficult time.
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