The lawsuit was filed by the husband of a woman who died last year from an allergic reaction after eating at a restaurant at the Disney Springs shopping complex in Orlando.
“We believe this situation calls for a sensitive approach to expedite a resolution for the family who has suffered such a painful loss,” Josh D’Amaro, chairman of Disney Experiences, told Reuters in an emailed statement.
“Therefore, we have decided to waive our right to arbitration and take the matter to court,” Damaro added.
Despite the server's alleged assurances that Tangsuan's order was allergen-free, she suffered a severe allergic reaction and died of anaphylaxis due to high levels of nuts and dairy in her system, according to the complaint filed in Orange County Circuit Court.
In its initial response in April to the complaint, Disney made no mention of arbitration, instead claiming it was not liable because it had no control over Raglan's operations or management and served only as its owner.
In another filing in late May, Disney offered a new defense: that the complaint is subject to arbitration based on Piccolo’s Disney+ subscription, as well as his use of the company’s website in 2023 to purchase theme park tickets.
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Reporting by Harshita Meenakshi in Bengaluru; Editing by Lincoln Feast.
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