A 42-year-old Ocala father died after he choked on a steak at a Disney Springs restaurant last year, according to a wrongful death lawsuit.
Traveling to Orlando for his daughter’s dance competition, Kevin Duncan went out to eat at The Boathouse with a large group of people in June, according to Morgan & Morgan, the law firm representing Kevin’s mother, Reah Duncan.
Duncan started choking and his friends and family tried in vain to do the Heimlich maneuver, the lawsuit said.
“The Boathouse restaurant staff did not promptly call 911; instead, staff initially contacted security, causing a delay in summoning emergency medical services,” according to the complaint.
Emergency medical services said Duncan had been “down” for about 25 minutes, according to a report from the Orange County Medical Examiner’s Office, which signed the death certificate but did not conduct an autopsy.
Duncan was taken to AdventHealth Celebration, where he died two days later on June 9 after suffering a severe brain injury due to lack of oxygen, the Medical Examiner’s report said.
“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,” Morgan & Morgan founder John Morgan and attorney Edward Combs said in a statement to Florida Politics.
“The Duncan family is seeking answers and accountability for this tragedy and the potential negligence that may have played a role in a preventable loss of life.”
Duncan worked for his family’s A/C business and was also a person of deep faith, according to his obituary. The father of three loved his family and was described as the ultimate man’s man who fixated on the outdoors and motors.
“If it has a wheel or moved, he was all in,” his obituary read. “Whether he was exploring trails in a side-by-side, cruising across the water in a boat, or casting a line on a quiet fishing trip, he was in his element. The mountains, the woods, the lakes they all brought him peace.”
Morgan & Morgan initially sued The Boathouse in Orange Circuit Court in October and then refiled the lawsuit on New Year’s Eve in federal court. Disney is not named as a defendant.
The Boathouse filed a motion to dismiss the lawsuit. The Boathouse’s attorney, Leticia Valdes, declined to comment Monday. The restaurant, known for its amphibious vehicle tours on the Disney Springs waterfront, also did not respond to a request for comment.
Florida Politics requested the 911 call from Central Florida Tourism Oversight District, which responds to emergencies at Disney World, but the government did not immediately respond to a public records request.
The new federal lawsuit comes after Disney has received negative attention in recent weeks after multiple people died from suicide at Disney World.
Disney and Raglan Road, another restaurant in Disney Springs, are currently being sued by a widower whose wife died from her severe food allergies in 2023.