By Philip Marcelo
NEW YORK (AP) --Disney will no longer ask a Florida court to dismiss a wrongful death lawsuit on the grounds that the victim’s family had signed up for its streaming service Disney+, the company said in a statement Monday.
Josh D’Amaro, chairperson of Disney’s theme park division, said the entertainment giant will waive its arbitration rights and allow the suit, brought by the husband of a New York doctor who suffered a fatal allergic reaction after eating at a restaurant in Disney Springs, to proceed in court.
Disney had previously argued that Jeffrey 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.
But Disney, in its statement emailed Monday night, said it will file a memo with the court confirming it will no longer pursue that argument.
“At Disney, we strive to put humanity above all other considerations,” D’Amaro said. “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.”
Piccolo’s lawyers didn’t immediately respond to an email seeking comment Tuesday.
In a response filed this month, they argued that it was “absurd” to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity because of language “buried” in the fine print.
The company, in its bid to have the lawsuit dismissed, argued Piccolo had not agreed just to the arbitration terms in his Disney+ trial, but also again when he signed up for an account on Disney’s website and app in order to purchase the couple’s tickets for their ill-fated theme park visit.
Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision, or award.
Disney, in a follow-up statement to The Associated Press last week, said that it was merely defending itself against Piccolo’s attempt to include the company in his lawsuit against Raglan Road, the Irish pub in Disney Springs where the family dined.
Disney Springs is owned by Disney, which leases some of the spaces in the outdoor dining, shopping and entertainment complex to other companies.
Piccolo’s lawsuit claims the family had decided to eat at Raglan Road in October because it was billed on Disney’s website as having “allergen free food.”
Piccolo’s wife, Dr. Kanokporn Tangsuan, a physician with NYU Langone’s office in Carle Place, New York, 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.
Lil Wayne feels hurt after being passed over as Super Bowl halftime headliner. The snub “broke” him
Lil Wayne opened up for the first time about his devastation after not being selected as the 2025 Super Bowl halftime show headline performer in his hometown of New Orleans.
The rap megastar publicly expressed his hurt feelings in an Instagram video post Friday, nearly a week after Los Angeles-based rapper Kendrick Lamar was announced as the headliner. He said being overlooked "broke" him, adding that "I'm just trying to put myself back together."
Over the years, Wayne has been vocal about his desire to perform during halftime of the NFL's championship game, which will be held at the Caesars Superdome on Feb. 9. It will be the second time Lamar will perform during the halftime show after he made a guest appearance with Dr. Dre, Snoop Dogg, Mary J. Blige, 50 Cent and Eminem in 2022.
Wayne appeared somber in the video, saying he had to muster up enough strength to express his thoughts "without breaking."
"That hurt a whole lot," said Wayne, a five-time Grammy winner, who has a variety of hits including "Lollipop" featuring Static Major, "Mr. Carter" with Jay-Z, "Go DJ" and "A Milli." He also helped ignite the careers of Drake, Nicki Minaj and Tyga.
"I blame myself for not being mentally prepared for a letdown, for automatically mentally putting myself in that position," he said. "I thought there was nothing better than that spot, on that stage, on that platform in my city."
Wayne thanked his supporters — including Minaj and Birdman — who have spoken up on his behalf.
"I feel like I let all of ya'll down for not getting that opportunity," Wayne said.
However, Wayne also noted that "Your words turned into arms and held me up when I tried to fall back."
Read More