Executive Summary
- A wrongful death lawsuit was refiled in federal court against The Boathouse on December 31, 2025.
- The suit alleges staff delayed calling 911 after a guest choked, opting to contact security first.
- The victim, Kevin Duncan, died from complications related to oxygen deprivation and cardiac arrest.
- The restaurant’s operator has filed a motion to dismiss based on Florida Wrongful Death Act procedural requirements.
A federal wrongful death lawsuit has been filed against the operators of The Boathouse, a dining establishment located at Disney Springs in Florida, following the death of a patron who choked on food in June 2025. The complaint, lodged in federal court on December 31, 2025, by Reah Duncan, alleges that restaurant personnel failed to act with appropriate urgency during the medical emergency involving her son, Kevin Duncan.
According to the court filings, the incident occurred on June 8, 2025, when Kevin Duncan began choking on a piece of steak. The lawsuit states that while family and friends attempted to perform the Heimlich maneuver to clear his airway, restaurant staff did not immediately contact emergency services. The complaint alleges that employees contacted private security personnel before calling 911, resulting in a critical delay in the arrival of paramedics.
The plaintiff asserts that this delay in securing professional medical assistance caused Duncan to suffer from a lack of oxygen, which subsequently led to cardiopulmonary arrest. Court documents note that he was placed on a ventilator but passed away the following day. Represented by the law firm Morgan & Morgan, the plaintiff is seeking a jury trial to recover damages for lost income, medical and funeral expenses, and loss of consortium.
In a statement regarding the allegations, attorneys John Morgan and Edward Combs of Morgan & Morgan questioned the safety protocols in place at the venue. “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 attorneys stated.
Gibsons Restaurant Group, the owner-operator of The Boathouse, filed a motion to dismiss the lawsuit on December 31, 2025. The motion argues that the complaint fails to comply with the mandatory pleading requirements of the Florida Wrongful Death Act, specifically citing issues with the identification of beneficiaries and the separation of estate damages. Liz Lombardo Stark, a spokesperson for the group, told The Independent, “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.”
Civil Litigation and Liability Standards
The progression of this case will likely hinge on the interpretation of the duty of care owed by hospitality venues to patrons during medical emergencies. While Florida law generally protects individuals who provide emergency aid under Good Samaritan statutes, this lawsuit targets institutional protocols regarding the summoning of emergency services. The defense’s motion to dismiss highlights the strict procedural adherence required in wrongful death claims, where the failure to properly classify survivors and damages can lead to early dismissal or the requirement to amend complaints before the substantive issue of negligence is addressed.
