A wrongful death lawsuit filed this week alleges a man choked to death at a popular Disney Springs restaurant because staff followed a policy to contact private security before dialing 911.
The complaint, filed in federal court on Tuesday, accuses The Boathouse Restaurant of negligence in the death of Kevin Duncan, a Marion County resident who died following a dinner outing in June 2025.
According to the filing, Duncan was eating a steak entrée at the upscale waterfront venue on the evening of June 8 when he began to choke. As friends and family frantically attempted the Heimlich maneuver to dislodge the food, restaurant employees allegedly failed to immediately summon emergency medical services.
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The lawsuit claims staff “did not promptly call 911,” but instead “contacted security, causing a delay in summoning emergency medical services.”
Attorneys for Duncan’s estate argue this delay was critical. By the time help arrived, Duncan had suffered severe lack of oxygen and went into cardiac arrest. He was placed on a ventilator but died at the hospital the following day, June 9.
The central allegation in the suit is that The Boathouse operated under a “negligent mode of operation” by enforcing a protocol that routed emergency situations through non-medical security personnel rather than going straight to first responders. The complaint states this practice wasted vital minutes while Duncan was struggling to breathe.
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“The harms to Decedent were reasonably foreseeable consequences of Defendant’s failure to have and implement reasonable emergency response policies,” the complaint reads.
Reah Duncan, the victim’s mother and representative of his estate, is seeking damages in excess of $50,000 for medical expenses, funeral costs, and mental pain and suffering. The suit also names Duncan’s 13-year-old child as a survivor entitled to damages.
The plaintiff is represented by Edward C. Combs, Jr. of the prominent injury firm Morgan & Morgan. The Boathouse Restaurant, LLC has not yet filed a formal response to the allegations in court.
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