Disney Drops Push To Dismiss Wrongful Death Lawsuit Over Disney+ Terms

ORANGE COUNTY, FL — Disney has withdrawn its request for a Florida court to dismiss a wrongful death lawsuit because the victim's family had signed up for the company's streaming service Disney+, according to multiple reports.

The company filed a notice in Orange County court on Tuesday to withdraw the motion, which drew swift backlash when it became public last week, according to The Associated Press.

Josh D’Amaro, chairperson of Disney's theme park division, said in a statement emailed earlier to The AP that the entertainment giant will waive its arbitration rights and allow the suit, brought by the husband of New York doctor Kanokporn Tangsuan, to proceed in court.

• RELATED: Disney+ Terms Could Block Wrongful Death Lawsuit Against Park: Reports

“At Disney, we strive to put humanity above all other considerations,” he said in the Monday night statement provided to outlets including The AP and NBC News. “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."

The lawsuit filed by Jeffrey Piccolo claims the family had decided to eat at Raglan Road Irish Pub in October, a restaurant in Disney Springs, because it was billed on Disney’s website as having “allergen-free food.” Tangsuan had a severe allergy to nuts and dairy products, and the waiter had assured them her food was prepared without allergens, the lawsuit states.

But less than an hour after finishing their dinner, Tangsuan had difficulty breathing, collapsed and died at a hospital, despite self-administering an EpiPen, according to the lawsuit.

The medical examiner determined she died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit states.

Piccolo filed the lawsuit against the restaurant and Disney, seeking damages in excess of $50,000 under the Florida Wrongful Death Act, according to NBC News.

Disney initially tried to block the lawsuit, claiming Piccolo could not sue the company because he agreed to settle any lawsuits against the company out of court when he signed up for a one-month trial subscription to Disney+ in 2019.

In response, Piccolo's attorney called it “absurd” to believe that the more than 150 million subscribers to Disney+ waived all rights to sue the company and its affiliates in perpetuity because of language “buried” in the fine print.

“The right to a jury trial as set forth in the Seventh Amendment is a bedrock of our judicial system and should be protected and preserved,” Brian Denney wrote in an email. “Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism.”

The Associated Press contributed to this report.