The family of Kevin Lee Duncan, a 42-year-old father of three from Florida, has filed a lawsuit alleging negligence after he choked to death while dining at The Boathouse, a popular waterfront restaurant located in Disney Springs at Walt Disney World Resort in Orlando. The civil action, brought by Duncan’s mother Reah Duncan, who is also the executor of his estate, claims that restaurant staff failed to act with appropriate urgency when Duncan began choking, resulting in fatal delays in obtaining emergency medical assistance.
The case raises serious questions about emergency response protocols at one of the nation’s highest-grossing restaurants, as well as the responsibilities of dining establishments when patrons experience life-threatening medical emergencies on their premises.
According to the complaint, the tragic incident unfolded on the evening of June 8, 2025, as Kevin Lee Duncan was enjoying dinner with family members and friends. The group had traveled from Ocala to Orlando so that Duncan’s teenage daughter could participate in a dance competition. What was meant to be a celebratory family outing turned into a devastating ordeal that, according to the lawsuit, might have been preventable had staff acted more swiftly and decisively.
The choking incident and alleged delay in emergency response
Court filings state that Kevin Lee Duncan was eating a steak entrée when a piece of meat became lodged in his airway, causing him to choke. Family members and friends at the table, including his teenage daughter, immediately recognized the severity of the situation and attempted to dislodge the obstruction using the Heimlich maneuver and other first-aid measures. Despite these efforts, the blockage remained, and Duncan’s condition rapidly worsened.
The lawsuit alleges that during these critical moments, employees of The Boathouse did not promptly call 911. Instead, staff members are accused of first contacting internal security personnel, a decision that the family contends caused a dangerous and unnecessary delay in summoning emergency medical services. Although the complaint does not specify the exact length of the delay, it claims that more than two minutes elapsed before emergency responders were contacted.
According to the filing, this delay resulted in Duncan suffering severe hypoxia, a condition caused by a lack of oxygen to the brain, ultimately leading to cardiopulmonary arrest. By the time Duncan was transported to a hospital, his condition had deteriorated significantly. He was placed on a ventilator but died the following day, June 9, 2025.
The complaint further alleges that at least one employee advised against calling 911 during the incident, a claim that, if substantiated, could prove pivotal in establishing negligence. It also asserts that The Boathouse did not have an automated external defibrillator on-site, and that surveillance video capturing the choking incident was later deleted by management. These allegations form a central part of the family’s argument that the restaurant failed to meet its duty of reasonable care to a patron in obvious medical distress.
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The Boathouse is owned and operated by Gibsons Restaurant Group, a Chicago-based company. In response to inquiries, a spokesperson for the group expressed sympathy for the family’s loss but declined to comment further, citing the ongoing legal proceedings. Walt Disney World itself is not named as a defendant in the lawsuit and has not publicly commented on the case.
Legal claims and questions of duty of care
Reah Duncan’s lawsuit sets out four causes of action: negligence, wrongful death, negligent training and supervision, and negligent mode of operation. Central to all of these claims is the assertion that The Boathouse owed Kevin Duncan a duty of reasonable care while he was on the premises, and that this duty included the prompt summoning of emergency medical assistance when a patron is clearly experiencing a medical emergency.
Under Florida law, businesses that invite members of the public onto their premises generally owe a duty to act reasonably to ensure patron safety. While restaurants are not typically expected to provide medical treatment, the lawsuit argues that they are required to take reasonable steps to obtain professional help when someone is in obvious distress. The family’s attorneys contend that choking is a foreseeable medical emergency in a dining environment, particularly in establishments serving steak and other solid foods, and that staff should be trained to respond immediately by contacting emergency services.
The complaint also raises concerns about staff training and supervision, alleging that employees were not properly instructed on how to handle choking incidents and that management failed to establish or enforce clear protocols prioritizing immediate calls to 911. The alleged decision to contact security first, rather than emergency responders, is portrayed as evidence of systemic operational failures rather than a single lapse in judgment.
In a motion to dismiss filed on December 31, lawyers for The Boathouse did not directly address the substance of the negligence allegations. Instead, they argued that the complaint should be dismissed due to procedural deficiencies, including a failure to identify all potential beneficiaries of any financial recovery and the lack of a clear distinction between survivor-specific damages and estate damages. Such motions are common in complex wrongful death litigation and do not necessarily reflect the merits of the underlying claims, but they underscore the legal complexity of the case as it proceeds through federal court.
Attorneys John Morgan and Edward Combs, who represent the Duncan family, have emphasized that the lawsuit is not solely about financial compensation but about accountability and answers. In a joint statement, they said that many serious questions remain about how the situation was handled, what safety protocols were in place, whether employees were properly trained, and whether delays or failures in response contributed to what they describe as a preventable loss of life.
Kevin Duncan’s life, legacy, and the broader implications
Beyond the legal arguments, the case has drawn attention to the life and legacy of Kevin Duncan himself. Described in his obituary as a devoted father, hardworking professional, and lover of the outdoors, Duncan was deeply involved in his family’s HVAC business and took pride in working alongside those he loved. He was known for his passion for anything with a motor, whether exploring trails in off-road vehicles, boating, or enjoying quiet fishing trips.
Friends and family remembered him as someone who cherished time spent with loved ones, valuing shared laughter, stories, and adventure. The emotional toll of his death on his children and extended family has been profound. In the days following the incident, a GoFundMe campaign was launched to support Duncan’s children, quickly approaching its fundraising goal. The campaign reflects the outpouring of sympathy from the community and the recognition that the family faces not only emotional loss but also financial challenges in the wake of his sudden death.
The lawsuit seeks damages for loss of support and services, loss of earnings, loss of companionship and protection, as well as medical and funeral expenses. It also requests recovery of legal costs and pre- and post-judgment interest. While the monetary aspect is significant, the case also touches on broader issues of public safety and corporate responsibility. Restaurants, particularly those operating at large entertainment destinations like Disney Springs, serve millions of patrons each year.
The Boathouse itself reportedly sold approximately one million meals in 2025, making it one of the highest-grossing independent restaurants in the United States. With such volume comes an increased likelihood that medical emergencies will occur on-site, including choking incidents. The outcome of this case could have implications for how restaurants nationwide train staff, structure emergency response protocols, and balance internal security procedures with the need for immediate medical intervention.
The allegations regarding deleted surveillance footage, if proven, could further complicate the case and raise concerns about evidence preservation in the aftermath of serious incidents. While such claims remain unproven at this stage, they highlight the importance of transparency and accountability when tragedies occur in public venues. As the lawsuit moves forward in federal court, it is expected to shed light on the precise sequence of events that unfolded on the night Kevin Duncan choked, as well as the policies and practices in place at The Boathouse at the time.
For the Duncan family, the legal process represents a means of seeking justice and ensuring that lessons are learned to prevent similar tragedies in the future. For the restaurant industry and the millions of families who dine out each year, the case serves as a sobering reminder of how quickly a routine meal can turn into a life-or-death emergency, and how critical timely action can be in those moments.
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