'We strive to put humanity above all': Disney drops arbitration demand over wrongful death lawsuit after woman died from fatal food allergy

Inset: Dr. Kanokporn Tangsuan (Obituary). Background: Raglan Road Irish Pub and Restaurant (YouTube/The Altem Life).

Disney has abandoned an effort to force arbitration in a wrongful death case brought by a woman’s estate after she ate at a restaurant at Disney Springs in Florida and died from an allergic reaction.

Dr. Kanokporn Tangsuan died in October 2023, allegedly because her meal at Raglan Road Irish Pub and Restaurant contained nuts and dairy — well-known allergens to which she was deathly allergic.

In February , Tangsuan’s widower, Jeffrey Piccolo, filed a wrongful death lawsuit in Orange County Circuit Court.

In May , the multinational entertainment company responded to the lawsuit by arguing that since Piccolo had once signed up for a Disney+ free trial membership and “purchased park tickets with that account before dining at Raglan Road,” the lawsuit could not be dispensed with in a court of law. Rather, Disney said, the widower had to resolve the dispute through mandatory, binding, third-party arbitration .

Now, the company is shifting gears on their legal steamboat.

“At Disney, we strive to put humanity above all other considerations,” Disney theme park division chair Josh D’Amaro said in a statement released Monday night. “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.”

The arts and leisure juggernaut was raked through the coals in an early August filing by the plaintiff which urged a judge to reject what they termed an “incredible argument.”

The Tangsuan estate said Disney’s original position meant anyone who signs up for a Disney+ free trial “will have forever waived the right to a jury trial enjoyed by them and any future Estate to which they are associated.”

“As can be seen from the prior sentence, this argument borders on the surreal,” the plaintiffs argued in a 123-page filing on Aug. 2.

Now, with the demand for arbitration gone by the wayside, the parties will be left to discuss the facts of the case and the law.

Piccolo, his mother, and Tangsuan ate at the Raglan Road Irish Pub and Restaurant in Disney Springs on the evening of Oct. 5, 2023. The trio only chose the restaurant in question because both Disney and staff there made it repeatedly and abundantly clear that Ragland Road had “proper safeguards to protect patrons” from food allergies, as Tangsuan was “highly allergic to dairy and nuts,” the lawsuit alleges.

“Raglan Road advertises and represents to the public that food allergies and/or the accommodation of persons with food allergies is a top priority and that patrons/guests may consult with a chef or special diets trained Cast Member before placing an order, and at all times material, Plaintiff relied upon these representations in selecting Disney Springs/Raglan Road for dinner,” the lawsuit filed against Great Irish Pubs Florida and Disney World Parks and Resorts U.S. reads.

But Tangsuan died from an allergic reaction later that same night. And that does not appear to be in dispute.

According to a copy of the autopsy report obtained by Law&Crime, the medical examiner performed a series of tests and reviewed Tangsuan’s medical records before determining that she died as “the result of anaphylaxis.” The manner of death was determined to be an accident. The autopsy report shows that the doctor had “very high” levels of nut and dairy allergens in her system when she died.

While Disney had largely eschewed addressing the merits of Piccolo’s allegations, the company’s May filing did — very briefly — attempt to rubbish the plaintiffs case on its own terms.

In its motion to compel arbitration, Disney says the lawsuit alleges “an agency relationship between landlord and tenant,” and argues “the only facts supporting this theory are ‘representations’ about Raglan Road’s ‘allergen free food’ on the Walt Disney World website” while noting that “Piccolo alleges that he relied on the website in choosing to dine at Raglan Road.”

This slightly combative framing may give some indication of how Disney will fight the lawsuit going forward.

As of this writing, the company was in the process of filing their withdrawal with the court.

In a statement, attorneys representing Piccolo and Tangsuan’s estate expounded at length upon the latest development.

“Originally, Disney chose to file the Motion to Compel Arbitration in this case,” Brian R. Denney told Law&Crime in an email. “Although Disney has withdrawn its motion, the arbitration clauses they relied upon in their motion still exist on their various platforms (i.e. streaming services; entrance tickets to Disney’s parks, etc.) This potentially puts other people injured by Disney’s negligence at risk of facing a similar legal challenge. 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.”

“Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism,” the plaintiff’s attorney went on. “My client will continue to pursue justice on behalf of his beloved wife at the trial court level. He also hopes these recent events have raised awareness of the millions of people of all ages and walks of life who suffer with food allergies. This awareness can help effectuate positive change to corporate food preparation policies and procedures.”

A court hearing in the case is currently slated for Oct. 2 before Orange Circuit Court Judge A. James Craner.

Editor’s note: this story has been amended post-publication to include a response from the plaintiff’s attorney.

The post ‘We strive to put humanity above all’: Disney drops arbitration demand over wrongful death lawsuit after woman died from fatal food allergy first appeared on Law & Crime .