Disney Springs eatery The Boathouse initially received a wrongful death circuit court lawsuit in October 2025 after a guest choked on a piece of steak and subsequently died two days later in June 2025. The lawsuit was refiled in federal court on December 31, 2025, and The Boathouse has filed a motion to dismiss.

The Lawsuit

The wrongful death lawsuit was taken up by Reah Duncan, the mother of Kevin Duncan, the man who died. She is represented by Morgan & Morgan. The lawsuit notes that on June 8, 2025, Duncan began to choke on a piece of steak, and his family and friends tried to perform the Heimlich maneuver but were unable to clear his airway. However, the suit alleges that staff did not act quickly enough to contact the authorities.

Per the suit, “The Boathouse restaurant staff did not promptly call 911; instead, staff initially contacted security, causing a delay in summoning emergency medical services.” Further, the suit alleges that the delay in “appropriate emergency medical assistance” caused Duncan to have a lack of oxygen that led to cardiopulmonary arrest.” He was put on a ventilator and died the next day.

Reah Duncan is suing the restaurant for a jury trial to recover damages for lost income and support, funeral and medical expenses, and loss of consortium, in addition to legal fees and interest.

“Many serious questions remain on how the situation was handled, what safety protocols were in place, if employees were properly trained in the likely event a patron should choke, and whether delays or failures in response contributed to his death,” John Morgan and Edward Combs of Morgan & Morgan said in a statement to Florida Politics.

Liz Lombardo Stark, a spokesperson for Gibsons Restaurant Group, the owner-operator of The Boathouse, told The Independent, “We are very sorry for the tragic loss of life, and our thoughts are with those affected. Because this is an active legal matter, we are unable to comment at this time.”

The Boathouse’s motion for dismissal, also filed December 31, 2025, argues that the original lawsuit “fails to comply with the mandatory pleading and statutory requirements of the Florida Wrongful Death Act.” The dismissal motion says the original lawsuit does not properly identify beneficiaries/survivors or properly separate survivor and estate damages.

For the latest Disney Parks news and info, follow WDW News Today on Twitter, Facebook, and Instagram.