Aug 20 (Reuters) - Walt Disney Co ( DIS ) on Monday

agreed to have a court decide on a wrongful death lawsuit,

brought by a widower in Florida, after earlier arguing the case

belonged in arbitration because the man signed up for a trial of

streaming service Disney+ in 2019.

The lawsuit was filed by the husband of a woman who died

last year from an allergic reaction after eating at a restaurant

in the Disney Springs shopping complex in Orlando.

"We believe this situation warrants a sensitive approach to

expedite a resolution for the family who have experienced such a

painful loss," Josh D'Amaro, Chairman, Disney Experiences told

Reuters in an emailed statement.

"As such, we've decided to waive our right to arbitration

and have the matter proceed in court," D'Amaro added.

The case began when Jeffrey Piccolo, his wife Kanokporn

Tangsuan and her mother ate at Raglan Road Irish Pub and

Restaurant on Oct. 5, 2023, allegedly selecting the eatery

because both Disney ( DIS ) and Raglan advertised that it made

accommodating people with food allergies a top priority.

Despite alleged assurances from the waiter that Tangsuan's

order was allergen-free, she had an acute allergic reaction and

died of anaphylaxis from elevated levels of nut and dairy in her

system, the complaint in Orange County court said.

In its initial response in April to the complaint, Disney ( DIS )

made no mention of arbitration, instead arguing it was not

liable because it has no control over Raglan's operations or

management and merely serves as its landlord.

In another filing in late May, Disney ( DIS ) offered a new defense:

that the complaint is subject to arbitration based on Piccolo's

Disney+ subscription, as well as his use of the company's

website in 2023 to buy theme park tickets.

(Reporting by Harshita Meenaktshi in Bengaluru; Editing by

Lincoln Feast.)