Disney has now agreed that a wrongful death lawsuit should be decided in court following backlash for initially arguing the case belonged in arbitration because the grieving widower had once signed up for a Disney Plus trial.
“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,” chairman of Disney experiences Josh D’Amaro said in a statement to The Verge. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
The lawsuit was filed in February by Jeffrey Piccolo, the husband of a 42-year-old woman who died last year due to an allergic reaction that occurred after eating at a restaurant in the Disney Springs shopping complex in Orlando. The case gained widespread media attention after Piccolo’s legal team challenged Disney’s motion to dismiss the case, arguing that a forced arbitration agreement Piccolo signed was effectively invisible.
As noted by Reuters, Disney initially made no mention of arbitration when it first addressed the case in April, instead arguing it wasn’t liable because it merely serves as the landlord for the Raglan Road Irish Pub and Restaurant and had no control over the restaurant’s operations. Disney then later argued in a filing in May that Piccolo had allegedly entered an agreement to arbitrate all disputes with the company by signing up for a Disney Plus trial in 2019, and using the Walt Disney Parks’ website to buy Epcot Center tickets.
