Disney is requesting that a Florida court dismiss a wrongful death lawsuit filed by Jeffrey Piccolo, the widower of Kanokporn Tangsuan, who died from an allergic reaction after dining at a restaurant in Disney Springs last year. The company argues that Piccolo agreed to settle any disputes through arbitration when he signed up for a one-month Disney+ trial in 2019.
Disney contends that the terms of the Disney+ Subscriber Agreement included a binding arbitration clause, which Piccolo agreed to by accepting the service’s terms. The agreement specified that any disputes, except for small claims, must be resolved through individual arbitration and not through court litigation.
According to Disney, Piccolo also accepted a similar arbitration clause when he created an account on Disney’s website and app before his visit to the theme park. The company argues that these terms cover all disputes involving Disney and its affiliates, regardless of the nature of the dispute.
In response, Piccolo’s lawyer, Brian Denney, has challenged the claim, arguing that it is unreasonable to suggest that signing up for a Disney+ trial waives all rights to sue Disney and its affiliates indefinitely. Denney described this assertion as “outrageously unreasonable and unfair” and argued that such an agreement should not be enforced by the court.
Disney’s legal filings emphasize that the company is not responsible for the operations of Raglan Road, the Irish pub where Tangsuan dined. The pub, which is located within Disney Springs, is operated by a separate entity, and Disney’s defense is focused on its attempt to distance itself from the lawsuit involving the restaurant.
Disney stated that it is “deeply saddened” by Tangsuan’s death but clarified that its involvement in the lawsuit is solely to address the inclusion of the company in the legal action against the restaurant. The company maintains that its position does not affect the plaintiff’s case against the pub.
The lawsuit, filed by Piccolo in February, alleges that Tangsuan suffered a severe allergic reaction after dining at Raglan Road on October 5, 2023. Despite informing the server of her severe allergies to nuts and dairy, Tangsuan was assured that the food was allergen-free. However, after consuming the meal, she experienced difficulty breathing, collapsed, and died at the hospital, despite using an EpiPen.
A medical examiner later confirmed that Tangsuan’s death was due to anaphylaxis caused by elevated levels of dairy and nut in her system. The lawsuit seeks damages exceeding $50,000.
A hearing on Disney’s motion to dismiss is scheduled for October 2 in a county court in Orlando.
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