A father of three who choked to death on a piece of steak at Walt Disney World would still be alive if restaurant staff hadn’t taken the time to seek appropriate help, according to his bereaved mother. The mother is now also the executor of her son’s estate.
Reah Duncan claims in a lawsuit that employees at The Boathouse, an upscale restaurant at a theme park in Orlando, Florida, “failed to immediately call 911” when Kevin Lee Duncan’s dining companions, including his teenage daughter, tried futilely to remove food from his throat. independent.
The delay ultimately led to cardiopulmonary arrest and killed the 42-year-old HVAC technician, the lawsuit says.
Liz Lombardo Stark, a spokesperson for Gibsons Restaurant Group, owner and operator of The Boathouse in Chicago, said in an email Monday independent“We are deeply sorry for the tragic loss of life and our thoughts are with those affected. As this is an active legal matter, we are unable to comment at this time.”
Attorneys John Morgan and Edward Coombs, who represent the family, said: “Mr Duncan and his family were traveling from Ocala to Orlando to attend a dance competition for his daughter. They were out to dinner with a large group of people when he began to choke and despite the efforts of his friends and family to save him, he died “Many serious questions remain: how the situation was handled, what safety protocols were in place, whether employees were properly trained in situations where patrons could choke, and the Duncan family as they seek answers and accountability for this tragedy and the potential negligence that may have resulted in an avoidable loss of life.”
Disney is not named as a defendant in the lawsuit and did not respond to a request for comment.
Kevin Duncan, 42, choked to death during a steak meal at The Boathouse, a waterside restaurant at Walt Disney World Resort in Orlando, Florida (Getty Images; Creative Commons 2.0)
Conceived and developed by the designers of restaurants such as Rainforest Café, T-Rex Café and Yak & Yeti, The Boathouse is located in Disney Springs, a vast outdoor entertainment, shopping and dining area within the Disney World complex. It is one of the highest-grossing independent restaurants in the United States and will sell approximately 1 million meals by 2025.
“Head to The Boathouse for the best waterfront dining experience—from ultra-fresh fish and a unique raw bar to steaks, ribs, pasta and other options,” the restaurant tells potential customers. “Looking for something more casual? This restaurant also offers sandwiches, burgers, lobster rolls and delicious desserts.”
According to his mother’s complaint, Florida resident Kevin Duncan was eating dinner at The Boathouse on the evening of June 8, 2025, when things took a horrific turn. The complaint was originally filed in Orange County, Florida, Circuit Court on October 23 and transferred to the federal court in Orlando on December 31.
“While eating the steak entree… [Duncan] He began choking on a piece of steak and his airway became blocked, the complaint states. Family and friends tried the Heimlich maneuver and other measures to clear the blockage.
However, the complaint states, The Boathouse employees “failed to immediately call 911; instead, staff initially contacted security, causing a delay in the call for emergency medical services.”
The fatal incident occurred at a restaurant inside Disney Springs, a vast shopping, entertainment and dining district at Walt Disney World in Orland, Florida (Walt Disney World Resort via Getty Images)
The indictment does not specify the length of the delay, but claims that “more than two minutes elapsed,” causing Duncan to suffer “severe hypoxia and cardiopulmonary arrest.” When Duncan was eventually taken to the hospital, he was “put on a ventilator” and died the next day, the lawsuit states.
An accompanying document said the boathouse “owed [Duncan] Duty of Reasonable Care in a Restaurant,” and in Florida, “A restaurant’s duty of reasonable care includes seeking emergency medical assistance when a customer is clearly in medical distress. “
It also claims that “at least one employee advised against calling 911 during the incident,” that The Boathouse did not have a defibrillator on site and that management deleted surveillance video showing Duncan choking on food.
“Kevin loved the outdoors and had a passion for anything with a motor,” his obituary read. “If it is[d] Whether he’s exploring trails side-by-side, cruising the water in a boat, or casting a line on a quiet fishing trip, he’s right at home. Mountains, woods, and lakes all brought him peace. “
The statement said he especially “treasured time with family and friends, where laughter, stories and adventures happened naturally” and that he was “a hard-working man with an unparalleled work ethic and a strong sense of pride in his family’s air conditioning business.”
“Working with the people he loved meant everything to him,” according to his obituary.
Attorneys for The Boathouse argued in a Dec. 31 motion that the complaint should be dismissed because of two procedural flaws: a failure to “identify all potential beneficiaries of financial recovery” and a failure to separately itemize “survivor-specific losses and estate losses.”
Reah Duncan’s lawsuit lists four causes of action: negligence, wrongful death, negligent training and supervision and negligent operating practices.
She is seeking a jury trial and is seeking damages for loss of support and services, loss of income, loss of companionship and protection, medical and funeral expenses, as well as legal fees and pre-judgment and post-judgment interest.
A GoFundMe campaign launched days after Duncan’s death to support his children had raised $19,045 of its $20,000 goal as of Monday afternoon.
