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Disney waives arbitration in food allergy lawsuit
Disney has waived its rights to arbitration in the case of a woman who died after dining at a restaurant in Disney Springs, allowing the case to proceed to court.
ORLANDO, Fla. - A sample of food could play a key factor in a wrongful death lawsuit against Disney and a Disney Springs restaurant, court documents show.
In October 2023, medical doctor, Kanokporn Tangsuan, who had a food allergy, died at Disney Springs shortly after having a meal that was requested to be allergen-free at the Raglan Road Irish Pub and Restaurant, according to a 2024 lawsuit filed by her husband, Jeffrey Piccolo.
Last month, Piccolo filed a motion to determine a food testing protocol. The motion revealed he still had a sample of food eaten by Tangsuan, which was taken as leftovers before it became known that the food she ate allegedly contained allergens. The filing claimed the food was kept frozen and in the same condition as it was when it was taken from the restaurant.
See the motion below:
"Although it is unknown how much food is in the sample or whether it is enough to be tested, it is in the best interest of the parties to attempt to have the food sample tested for allergens," the motion stated.
Counsel has tried to work with everyone involved in the suit to agree on a way to test the food, but they couldn't reach an agreement. So, the court is being asked to step in to help both parties agree on a protocol for food testing, "and for any other relief the Court deem just and proper," according to the motion.
What did she eat?
A broccoli and corn fritter, scallops, and onion rings were among the items Tangsuan ordered, according to the 19-page lawsuit against Walt Disney Parks and Resorts and the restaurant.
Tangsuan was highly allergic to dairy and nuts, and asked the wait staff multiple times if they could make allergen-free food, which they confirmed they could, the suit stated.
The lawsuit claimed that Disney advertises and represents to the public that food allergies and/or the accommodation of persons with food allergies are a "top priority" at its parks and resorts.
What was her cause of death?
The medical examiner's investigation revealed she died as a result of anaphylaxis due to "elevated levels of dairy and nut in her system," the lawsuit alleged.
Piccolo is seeking damages in excess of $50,000 pursuant to Florida's wrongful death act, in addition to mental pain and suffering, loss of income and funeral expenses.
The suit alleged the restaurant failed to educate, train and/or instruct its employees to make sure food, indicated as allergen free or requested to be made allergen free, was in fact free of allergens.
It also stated Disney had control over the menu of food offered, the hiring and/or training of the wait staff, and the policies and procedures as it pertains to food allergies at Disney Springs restaurants.
Read the lawsuit in its entirety below:
Disney originally said widower couldn't sue because of Disney+ account, EPCOT ticket purchase
Disney and Disney Springs restaurant Raglan Road initially said the lawsuit should be tossed out because Piccolo signed up for a Disney+ account years earlier, according to court papers.
A filing said Piccolo used a "MyDisney" account to purchase tickets to EPCOT, which were refunded after being unused following his wife's death.
Disney claimed the terms and conditions agreed upon by both Disney+ and MyDisney gave up Piccolo's "right to litigate a dispute in court before a judge or jury," indicating that a mediator should administer arbitration.
However, Disney seemingly changed its mind and allowed the wrongful death lawsuit against the company to proceed in court instead of attempting to order arbitration following public backlash against the company.
"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. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court," read the statement, which was attributed to Josh D'Amaro, the chairman of Disney Parks, Experiences, and Products.
The Source: The information in this article came from details provided in court filings obtained by FOX 35 News.