Disney World restaurant slapped with lawsuit alleging guest fought for his life while staff wasted precious minutes

A wrongful death lawsuit filed by the family of Kevin Lee Duncan accuses The Boathouse restaurant at Disney Springs in the Disney World resort of failing to summon emergency help promptly in June 2025, a delay that Duncan’s family lawyers contend cost the 42-year-old father his life after he began choking on a steak.

According to the legal complaint viewed by Law & Crime, Duncan was dining with family and friends at the popular waterfront eatery in Orlando on June 7, 2025, while in town for his daughter’s dance competition, when he began choking on a piece of steak. Family and friends attempted the Heimlich maneuver without success, the complaint states.

The federal complaint alleges that staff did not promptly call 911 and instead contacted security first, wasting critical time while Duncan struggled to breathe. The lawsuit specifically alleges that at least one restaurant employee actively advised against calling 911 while the family was attempting to save Duncan.

As a result, Duncan suffered severe hypoxia and cardiopulmonary arrest, was placed on a ventilator on June 8, and died the following day.

Inadequate training and no AED

Filed originally in Orange County Circuit Court in October 2025 and refiled in federal court on December 31, 2025, the complaint — brought by Duncan’s mother, Reah Duncan — includes claims of negligence, wrongful death, negligent training and supervision, and negligent mode of operation against Boathouse Restaurant LLC.

The suit asserts that employees saw Duncan choking and not breathing, but that more than two minutes passed without a 911 call. Instead, staff allegedly followed an internal policy or practice to contact security first, according to the legal filing. Attorneys argue the restaurant did not properly train employees on how to respond to choking emergencies.

The complaint alleges that the restaurant did not have an Automated External Defibrillator (AED) on-site to assist when Duncan went into cardiopulmonary arrest. The lawsuit seeks a jury trial and damages permitted under Florida law, including compensation for medical and funeral expenses, loss of support and companionship, and other losses, with the total claimed exceeding $50,000.

Disney is not named in the suit

As of January 2026, The Boathouse has filed a motion to dismiss the lawsuit, arguing that the original complaint fails to meet the statutory requirements of the Florida Wrongful Death Act. According to court filings, the restaurant claims the suit does not properly identify beneficiaries or distinguish between survivor and estate damages, and seeks dismissal on those procedural grounds.

The case is now pending before the United States District Court for the Middle District of Florida. Neither The Boathouse nor its parent company, Gibsons Restaurant Group, has provided substantial public comment beyond expressing sorrow for the tragic loss, citing the active legal matter.

The Boathouse, a high-profile restaurant at Disney Springs known for its steaks, seafood, and scenic waterfront views, is not owned by Disney but by Gibsons. Disney itself is not named as a defendant in the lawsuit.