In a surprising turn of events, Disney announced that it is withdrawing its motion to compel arbitration in a lawsuit brought against the company by a man whose wife tragically died after suffering from anaphylaxis at a Disney restaurant. The motion had cited the binding arbitration clause in the subscriber agreement of the popular Disney+ streaming service, which raised controversy and objections from the plaintiff's lawyer.

The lawsuit, filed by Jeffrey Piccolo, alleges that his wife, Kanokporn Tangsuan, who had severe allergies to dairy and nuts, died as a result of the restaurant's failure to provide allergen-free food. The family had explicitly informed the waiter of Tangsuan's allergies, and they were assured multiple times that the food would be safe for her to consume.

Despite the link made by Disney's motion to the Disney+ streaming service's subscriber agreement, Piccolo's lawyer, Brian Denney, argued that the agreement does not hold any relevance to the incident at the Disney restaurant. Denney emphasized that the agreement was solely between Piccolo and Disney+ and had nothing to do with Disney theme parks or their affiliated restaurants.

Disney confirmed its decision to withdraw the motion, expressing a commitment to prioritizing the human aspect of the case. Disney Experiences Chairman, Josh D'Amaro, stated, "At Disney, we strive to put humanity above all other considerations. With the unique circumstances surrounding this case, we believe it is necessary to approach the resolution with sensitivity for the family who has experienced such a painful loss. Therefore, we have chosen to waive our right to arbitration and proceed with the matter in court."

The company has not yet officially filed the withdrawal of their motion, but they assured that they are actively in the process of doing so. As a result, the scheduled hearing on the motion, set for October 2, has been canceled by the judge overseeing the case in the 9th Judicial Circuit Court in Orange County, Florida.

While Disney's decision has been welcomed by Piccolo's legal team, Denney expressed concern about the potential implications of Disney's arbitration clauses on other related cases. Denney emphasized the importance of the right to a jury trial as a cornerstone of the judicial system and called for skepticism towards corporate attempts to evade jury trials.

The tragic incident that led to Tangsuan's death occurred in October 2023 at Raglan Road Irish Pub and Restaurant, located at the Disney Springs complex in Lake Buena Vista. The lawsuit alleges that the lack of proper precautions and failure to honor the family's requests for allergen-free food resulted in Tangsuan's fatal anaphylaxis. The medical examiner's investigation confirmed that elevated levels of dairy and nut in Tangsuan's system were the cause of her anaphylactic reaction.

As Disney takes a step back from its initial arbitration stance, the case will now proceed in court, bringing hope for a resolution that provides closure for Piccolo and his family, as well as potentially setting a precedent for accountability in cases involving allergen safety within the dining establishments at Disney resorts and parks.