The Walt Disney Co. has withdrawn its controversial motion to dismiss a wrongful death lawsuit after facing significant backlash online. The company is being sued following the death of a woman who had an allergic reaction at a Disney shopping complex in Orlando, Florida.
Disney had previously argued that the lawsuit should be settled through arbitration, as the woman’s husband had agreed to this process by signing up for a month-long trial of Disney+ in 2019. However, amid widespread criticism of this stance, Disney’s lawyers submitted a notice to the court on Tuesday to retract the motion.
Josh D’Amaro, chairperson of Disney’s theme park division, issued a statement emphasizing the company’s commitment to addressing such sensitive matters with care. “At Disney, we strive to prioritize humanity above all else,” D’Amaro said. “Given the unique circumstances of this case, we believe a compassionate approach is necessary to expedite a resolution for the family facing this profound loss.”
Disney had initially argued that it should not be held liable, as it did not control the restaurant where the incident occurred but only acted as a landlord.
The lawsuit concerns the death of Kanokporn Tangsuan, a doctor from New York, who dined with her husband and mother at the Raglan Road Irish Pub and Restaurant on October 5, 2023. They had chosen the venue based on its promotion as being particularly accommodating to food allergies. Despite seeking reassurances from the staff, Tangsuan suffered a severe allergic reaction and died from anaphylaxis due to elevated levels of nut and dairy in her system.
In response to Disney’s arbitration claim, Tangsuan’s husband’s lawyers argued that it was unreasonable to suggest that the company’s 150 million subscribers had forfeited their right to sue over terms detailed in unrelated agreements from years earlier.
