A father of three who choked to death on a piece of steak at Walt Disney World would still be alive if restaurant staffers hadn’t dawdled in summoning proper help, according to his bereft mom – who is now also the executor of her son’s estate.
As Kevin Lee Duncan’s dining companions, including his teenage daughter, tried in vain to dislodge the food from his throat, employees at The Boathouse, an upscale eatery at the Orlando, Florida theme park, “did not promptly call 911,” Reah Duncan alleges in a lawsuit obtained by The Independent.
The delay ultimately led to cardiopulmonary arrest and cost the 42-year-old HVAC technician his life, the suit contends.
In an email on Monday, Liz Lombardo Stark, a spokesperson for Gibsons Restaurant Group, the Chicago-based owner-operator of The Boathouse, 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.”
Attorneys John Morgan and Edward Combs, who are representing the family, said, “Mr. Duncan and his family traveled from Ocala to Orlando for his daughter to attend a dance competition. They were out to dinner with a large group when he began choking, and despite his friends’ and family’s efforts to save him, he died. 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 Duncan family is seeking answers and accountability for this tragedy and the potential negligence that may have played a role in a preventable loss of life.”
Disney is not named as a defendant in the suit, and did not respond to a request for comment.
The Boathouse, which was conceived and developed by the designer behind the Rainforest Cafe, the T-Rex Cafe, and Yak & Yeti, among others, is located in “Disney Springs,” a sprawling outdoor entertainment, shopping, and dining district within the Disney World complex. It is one of the highest-grossing independent restaurants in the nation, selling some 1 million meals in 2025.
“Head to The Boathouse for waterfront dining at its best – from extra-fresh fish and an exceptional raw bar to steak, chops, pasta and other options,” the restaurant tells prospective customers. “Craving more casual fare? The eatery also offers sandwiches, burgers, lobster rolls and decadent desserts.”
On the evening of June 8, 2025, Florida resident Kevin Duncan was having dinner at The Boathouse when things took a frightening turn, according to his mother’s complaint, which was initially filed October 23 in Orange County, Florida Circuit Court and removed to Orlando federal court on December 31.
“While consuming a steak entrée… [Duncan] began choking on a piece of steak and experienced a blockage of his airway,” the complaint states. “Family and friends attempted the Heimlich maneuver and other measures to dislodge the obstruction.”
However, the complaint alleges, employees at The Boathouse “did not promptly call 911; instead, staff initially contacted security, causing a delay in summoning emergency medical services.”
The complaint does not specify the length of the delay, but claims that “more than two minutes elapsed,” and resulted in Duncan suffering “severe hypoxia and cardiopulmonary arrest.” When he was finally taken to the hospital, Duncan was “placed on a ventilator,” and died the next day, according to the complaint.
A companion filing says The Boathouse “owed [Duncan] a duty of reasonable care while on the premises,” and that in Florida, “a restaurant’s duty of reasonable care includes summoning emergency medical assistance when a patron is in obvious 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 his food.
“Kevin had a deep love for the outdoors and a passion for anything with a motor,” his obituary read. “If it ha[d] a wheel or moved he was all in. Whether he was exploring trails in a side-by-side, cruising across the water in a boat, or casting a line on a quiet fishing trip, he was in his element. The mountains, the woods, the lakes they all brought him peace.”
It said he especially “cherished those moments with family and friends, where laughter, stories, and adventure came naturally,” and that he was “a hard worker with an unmatched work ethic and a strong sense of pride in the family's A/C business.”
“Working alongside those he loved meant everything to him,” according to his obit.
For their part, lawyers for The Boathouse argued in a December 31 motion to dismiss that the complaint, as filed, should be thrown out for a pair of procedural deficiencies: failure to “identify all potential beneficiaries” of a financial recovery, and neglecting to list “survivor specific and estate damages separately.”
Reah Duncan’s suit lists four causes of action: negligence, wrongful death, negligent training and supervision, and negligent mode of operation.
She is seeking a jury trial and damages for loss of support and services, loss of earnings, loss of companionship and protection, and medical and funeral expenses, plus legal costs and pre- and post-judgment interest.
A GoFundMe campaign set up days after Duncan’s death to support his children had raised $19,045 of its $20,000 goal as of Monday afternoon.
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