Disney has withdrawn its attempt to compel arbitration in a wrongful death lawsuit involving a fatal allergic reaction at Disney World.
This decision follows significant public and legal criticism, marking a pivotal moment in the ongoing case.
Disney has decided to retract its endeavour to move a wrongful death lawsuit to arbitration, yielding to public criticism and legal scrutiny. This action permits the matter to proceed in court, involving the tragic death of Dr. Kanokporn Tangsuan, who suffered a fatal allergic reaction at Disney World in Florida.
During the incident, Dr. Tangsuan exhibited severe symptoms and was subsequently transported to a hospital, where she unfortunately succumbed to the allergic reaction. An autopsy revealed elevated levels of dairy and nuts in her system, substantiating the cause of death as anaphylaxis.
Arbitration, often preferred for being confidential and swift, would have kept the case from public scrutiny. However, legal experts criticised Disney’s attempt to extend the Disney+ terms to this unrelated incident, calling it a stretch of contract law.
Jamie Cartwright, a partner at Charles Russell Speechlys, remarked that Disney’s initial approach could have triggered the very public scrutiny it aimed to avoid. He elaborated that Disney’s stance was likely a weak argument destined to fail.
Mr. Piccolo seeks in excess of $50,000 (£38,400) in damages, covering suffering, loss of income, as well as mounting medical and legal costs.
Ernest Aduwa, a partner at Stokoe Partnership Solicitors, described Disney’s initial effort as a potentially far-reaching but ultimately weak argument. He highlighted that the company’s retreat underscores the media’s influence on corporate legal tactics.
With the arbitration bid now withdrawn, the lawsuit will proceed through the court system. Legal experts anticipate detailed examinations of the restaurant’s policies and Disney’s overarching responsibilities to guests visiting its properties.
Disney’s decision to allow the lawsuit regarding Dr. Kanokporn Tangsuan’s death to proceed in court marks a significant development. The case highlights critical issues of corporate responsibility and legal strategies, opening avenues for further public and legal scrutiny.
This unfolding legal situation could set a precedent for future cases involving negligence and corporate accountability, particularly in environments hosting millions of visitors annually. The outcome remains keenly anticipated by both legal experts and the broader public.
