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Food Allergy Death Lawsuit-Disney
FILE - In this Aug. 8, 2017, file photo, The Walt Disney Co. logo appears on a screen above the floor of the New York Stock Exchange. (AP Photo/Richard Drew, File)

Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+

Disney is no longer asking a Florida court to dismiss a wrongful death lawsuit on the grounds that the victim’s family had signed up for its streaming service Disney+

By PHILIP MARCELO
Published - Aug 20, 2024, 04:57 PM ET
Last Updated - Aug 20, 2024, 04:57 PM EDT

NEW YORK (AP) — Disney is no longer asking a Florida court to dismiss a wrongful death lawsuit on the grounds that the victim’s family had signed up for its streaming service Disney+.

The company filed a notice in Orange County court on Tuesday to withdraw the motion, which had drawn swift backlash when it became public.

Josh D’Amaro, chairperson of Disney's theme park division, said in a statement emailed earlier to The Associated Press that the entertainment giant will waive its arbitration rights and allow the suit, brought by the husband of a New York doctor who suffered a fatal allergic reaction after eating at a restaurant in Disney Springs, to proceed in court.

“At Disney, we strive to put humanity above all other considerations,” he said in the Monday night statement. “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.”

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