NEW YORK (AP) — Disney will no longer ask 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 said in a statement Monday. Josh D’Amaro, chairperson of Disney's theme park division, said 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. Disney had previously argued that Jeffrey Piccolo could not sue the company because he agreed to settle any lawsuits against the company out of court when he signed up for a one-month trial subscription to Disney+ in 2019.
But Disney, in its statement emailed Monday night, said it will file a memo with the court confirming it will no longer pursue that argument. “At Disney, we strive to put humanity above all other considerations,” 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.
” Piccolo’s lawyers didn’t immediately respond to an email seeking comment Tuesday. In a response filed this month, they argued that it was “absurd” to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity because of language “bu.