Disney changes course on wrongful death lawsuit, says it will not seek arbitration
NEW YORK - Disney has changed course, and now says it will not seek arbitration following the death of a doctor from Long Island.
Amy Tangsuan, a doctor at NYU Langone from Plainview, died when she had an allergy attack after eating at a Disney Springs Raglan Road restaurant.
Tangsuan had a severe dairy and nut allergy. Friends said she was vigilant whenever she dined out, repeatedly asking about the possible presence of those allergens in food.
The lawsuit claims the waiter at the restaurant guaranteed certain foods would be made allergen-free.
Tangsuan died from "anaphylaxis due to elevated levels of dairy and nuts in her system" after dining at the restaurant.
Disney initially tried to get case dismissed over Disney+ terms
Disney was trying to get the lawsuit dismissed because of the fine print on its Disney+ streaming app, saying Tangsuan's husband previously agreed to an arbitration clause when signing up for Disney+, and when he bought tickets to Epcot prior to Tangsuan's death.
The family filed a lawsuit.
Despite Disney initially trying to have the case dismissed, they have now dropped that effort.
"At Disney, we strive to put humanity above all other considerations. 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. As such, we've decided to waive our right to arbitration and have the matter proceed in court, " Disney Experiences Chairman Josh D'Amaro said.
Tangsuan's loved ones were relieved by the company's decision.
"I couldn't even believe it, but I'm just glad that they changed their mind," Tangsuan's friend Sabrina Martini told CBS News New York's Lisa Rozner. "I was relieved ... because I wanted to see exactly what the process was, what the process is that they follow."
Lawyers for Tangsuan's husband said in part, "Although Disney has withdrawn its motion, the arbitration clauses they relied upon in their motion still exist on various platforms (i.e. Streaming services, entrance tickets to Disney's parks, etc.). This potentially puts other people injured by Disney's negligence at risk of facing a similar legal challenge."
One legal expert told CBS News New York it's unlikely the judge would have sided with Disney.
"It flies so much in the face of public interest and it's so abusive to the consumer that I don't think any court would allow it," said trial attorney Eric Subin, a partner at Subin and Associates.
The attorney for Tangsuan's husband adds he hopes this effectuates a positive change in corporate food prep policies.
Read the lawsuit
Disney World wrongful death Tangsuan Lawsuit by CBSNewYork Scribd on Scribd