Disney Parks Chairman Josh D’Amaro has released an official statement regarding the pending wrongful death lawsuit of a guest who suffered a fatal allergic reaction after dining at Raglan Road, a third-party restaurant at Disney Springs in Florida.

The incident took place in October 2023. The guest consumed dishes at Raglan Road after being informed that they were prepared safely and were allergen-free. Disney recently filed a motion to dismiss the lawsuit filed by the guest’s husband, citing an arbitration waiver the guest had signed when making a Disney+ account.

Now, D’Amaro has released a new statement:

“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.”

Josh D’Amaro

This statement indicates that Disney is withdrawing their motion for dismissal. Their original argument was that they should not be included in the lawsuit as Raglan Road is a third-party company (meaning: not owned nor operated by Disney).

The lawsuit states that Disney “advertises and represents to the public that food allergies and/or the accommodation of persons with food allergies is a top priority at its parks and resorts, including DISNEY SPRINGS and that patrons/guests may consult with a chef or special diets trained Cast Member before placing an order, and at all times material, Plaintiff relied upon these representations in selecting DISNEY SPRINGS/RAGLAN ROAD for dinner.”

After the incident became public, Raglan Road updated their website to state that they “CANNOT guarantee that any dish we prepare is free from Gluten/Allergen or free from cross contact.”

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