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Disney has withdrawn its shocking claim that a grieving widower could not sue over the death of his wife at their restaurant because he had once signed up for a free trial of Disney+.
In February, Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his 42-year-old wife died from a severe allergic reaction following a meal at Disney World, Florida.
The case gained widespread attention after it was reported that Disney argued the case should go to arbitration – in other words, be settled outside court – because Mr. Piccolo had previously signed up for a one-month trial subscription to Disney+ in 2019.
In signing up for the streaming service, the company claimed Mr Piccolo had agreed to a clause in the terms and conditions which essentially said he would arbitrate all disputes with the company.
Mr Piccolo’s legal team disputed Disney’s motion to dismiss the case – pointing out that the forced arbitration agreement he signed four years before his wife’s untimely death was effectively invisible.
After receiving furious backlash, the multi-billion dollar company agreed the case could be heard in court.
In a press statement, Chairman of Disney Experiences Josh 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.”
He added: “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
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Responding to the development of the case, Mr Piccolo’s lawyers noted that Disney’s attempt to avoid going to court does not speak well of the company.
Speaking to the BBC, they said: “Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism,” adding that Mr Piccolo hopes his wife’s tragic death will have “raised awareness” about food allergies.