Disney ends bid to have wrongful death lawsuit dismissed over Disney+ subscription

The Disney corporation on Tuesday decided to stop their bid to have a wrongful death lawsuit dismissed, claiming the "unique circumstances" of the case merit a more sensitive approach.

The plaintiff, Jeffrey Piccolo, is suing the park for at least $50,000 in a wrongful death suit after his wife died at a restaurant in Disney Springs in October of 2023 due to an allergic reaction to nuts and dairy, despite repeatedly being assured her food would not contain those ingredients.

The company filed the notice in Orange County to withdraw their request for the lawsuit to be dismissed. Disney previously claimed the man could not sue them because Piccolo signed up for a one-month trial of the company's streaming service Disney+, which requires users to settle disputes with the company out of court, through arbitration. 

“At Disney, we strive to put humanity above all other considerations,” Disney's theme park chairman Josh D’Amaro said in a statement reported by the Associated Press. “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 lawyer Brian Denney said that his client will move forward in the case, in order to get justice for his wife, and raise awareness about the serious consequences of an allergic reaction. He also warned other people hoping to sue Disney that the company's clause in their streaming service could make it difficult for them to have a jury trial.

“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,” Denney told the AP. “Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism.”

Piccolo is seeking the $50,000 pursuant to Florida's wrongful death law, along with other damages for pain and suffering, losses of companionship, protection, and income, and medical and funeral expenses.

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.