NEW YORK – Disney has changed course and now says it will not seek arbitration after the death of a Long Island doctor.
Amy Tangsuan, a physician at NYU Langone from Plainview, died when she had an allergic attack after dinner at a restaurant on Raglan Road in Disney Springs.
Tangsuan had severe dairy and nut allergies. Friends said she was always vigilant when eating out and repeatedly asked about the possible presence of these allergens in food.
The lawsuit alleges that the waiter at the restaurant guaranteed that certain dishes would be made allergen-free.
Tangsuaan died of “anaphylaxis due to increased amounts of dairy and nuts in her system” after eating in the restaurant.
Disney initially tried to dismiss the case over Disney+ terms
Disney tried to have the lawsuit dismissed because of the fine print in the Disney+ streaming app, which states that Tangsuan’s husband previously agreed to an arbitration clause when he signed up for Disney+ and when he purchased tickets to Epcot before Tangsuan’s death.
The family filed a lawsuit.
Although Disney initially tried to have the case dismissed, they have now dropped that decision.
“At Disney, we strive to put humanity above all other considerations. With circumstances as unique as these, we believe this situation requires a sensitive approach to expedite a resolution for the family who has experienced such a painful loss. As such, we have decided to waive our right to arbitration and allow the matter to proceed to trial,” said Josh D’Amaro, President of Disney Experiences.
Tangsuan’s loved ones were relieved by the company’s decision.
“I couldn’t believe it, but I’m just glad they changed their minds,” Tangsuan’s friend Sabrina Martini told Lisa Rozner of CBS News New York. “I was relieved … because I wanted to see exactly what the process was, what the process is that they’re following.”
Attorneys for Tangsuan’s husband said, in part, “Although Disney has withdrawn its motion, the arbitration clauses they relied on in their motion still exist across various platforms (e.g., streaming services, Disney park tickets, etc.), potentially putting other people injured by Disney’s negligence at risk of facing a similar legal challenge.”
A legal expert told CBS News New York that it is unlikely the judge would side with Disney.
“It is so contrary to the public interest and so harmful to consumers that I don’t think any court would allow it,” said attorney Eric Subin, a partner at Subin and Associates.
Tangsuan’s husband’s lawyer hopes this will bring about a positive change in companies’ food preparation policies.
Read the lawsuit
