A Walt Disney World property restaurant is facing a wrongful death lawsuit after a man choked on a menu item.
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According to Walt Disney World Today, Disney Springs restaurant The Boathouse was initially sued in October 2025. The incident occurred in June 2025 when the customer choked on a piece of steak. Although they were rushed to a nearby hospital, the customer died.
Per the lawsuit’s documents, the filing was done by Reah Duncan, who is the mother of Kevin Duncan, who died after choking on a piece of meat. She revealed in the court documents that the incident occurred on June 8, 2025. She stated that when her son started choking, friends and family immediately sprang into action to help him. However, they were unable to help him.
“The Boardhouse restaurant staff did not promptly call 911,” the lawsuit alleges. “Instead, the staff initially contacted security, causing a delay in summoning emergency medical services.”
The lawsuit further alleges that the delay in appropriate emergency medical assistance caused Duncan to be without oxygen, leading to cardiopulmonary arrest. Despite being placed on a ventilator, Duncan was unable to be saved. He died the next day.
In a statement to Florida Politics, John Morgan and Edward Combs of Morgan & Morgan, who is representing Duncan’s mother, stated, “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.”
The Walt Disney World Property Restaurant Files a Motion to Dismiss the Lawsuit After It Was Refiled in Federal Court
The lawsuit was refiled in federal court in late December 2025, and the Walt Disney World’s property restaurant has filed a motion to dismiss.
The motion, The Boathouse claimed that the lawsuit “fails to comply with the mandatory pleading and statutory requirements of the Florida Wrongful Death Act.” It stated that the original lawsuit does not properly identify beneficiaries/survivors or properly separate survivor and estate damages.
Duncan’s mother is seeking a jury trial to recover damages for loss of income and support. She is also suing for funeral and medical expenses, loss of consortium, legal fees, and interest.
Gibsons Restaurant Group, which owns and operates The Boathouse, refused to comment on the lawsuit.