What was supposed to be a magical Disney World getaway turned into a real-life nightmare when a devoted dad choked on a piece of steak and died in front of his daughter – and a new lawsuit claims the restaurant’s response may have cost him his life.
According to a wrongful death suit, 42-year-old Kevin Duncan of Ocala, Florida, was out to dinner with his daughter and her dance team at The Boathouse restaurant in Disney Springs on June 8 when the horrifying scene unfolded.
The group was in Orlando for a dance competition and sat down for dinner around 7 p.m. when Duncan began choking on his steak entree, causing a total blockage of his airway, the lawsuit states.
As he fought for air, panicked family and friends jumped into action, desperately performing the Heimlich maneuver in the middle of the crowded restaurant. But instead of immediately calling 911, staff allegedly called Disney security first, creating what the lawsuit calls a “critical delay” in getting Duncan the life-saving emergency care he needed.
The complaint says Duncan suffered hypoxia and then cardiac arrest. He was rushed to the hospital and placed on a ventilator, but the damage was done. The father of three died the next day, on June 9.
Now, Duncan’s estate is accusing The Boathouse – an independently owned restaurant operated by Chicago-based Gibsons Restaurant Group – of failing to have basic, “reasonable emergency response policies and training for choking incidents” and of not “promptly” summoning EMS. The wrongful death suit is demanding a jury trial and at least $50,000 in damages.
In the heartbreaking days after his sudden death, his daughter’s dance studio posted a gut-wrenching tribute on Facebook, calling him one of their “beloved dance dads” and sharing a GoFundMe to help the devastated family.
“Kevin Duncan was truly one of a kind! He lived life to the fullest, made every room brighter, and had a heart of Gold,” the fundraiser reads, adding that his greatest joy was his children, whom he “loved to the moon and back.” Nearly $20,000 has already been raised.
According to his obituary, Duncan is survived by his three children, his partner Michelle, his parents, his brother, and two nephews “who admired him deeply and looked up to him as a role model.” He loved the outdoors and “anything with a motor” — off-road rides, days on the water, and peaceful fishing trips were his happy place.
He was also known as a hardworking family man who took pride in his role at his family’s air conditioning business, helping it grow and thrive while working side by side with the people he loved most. A funeral service was held on June 21 in his hometown.
In a brief statement to Law&Crime, a spokesperson for Gibsons Restaurant Group said: “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.”
Disney, the restaurant group, and the attorney for Duncan’s estate have all been contacted for further comment as the shocking case puts a harsh spotlight on what really happens when a medical emergency hits “the happiest place on Earth.”
Disney Security did the wrong thing.
Not such a happy place.