Disney tries to toss out wrongful death suit because man signed up for Disney+ free trial

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Disney is seeking to dismiss a wrongful death lawsuit filed by widower Jeffrey Piccolo, who has accused the House of Mouse and a Disney Springs restaurant of negligence in failing to accommodate his late wife’s severe allergies.

 

What should have been a magical evening at Disney Springs on October 5, 2023, turned tragic for Dr Kanokporn Tangsuan, a family medicine specialist with severe food allergies. Despite repeated assurances from staff at Raglan Road Irish Pub that her meal would be allergen-free, Dr Tangsuan suffered a fatal allergic reaction after dining at the restaurant.

 

Her husband, Jeffrey Piccolo, filed a US$50,000 wrongful death lawsuit against the pub and Walt Disney Parks and Resorts in February 2024, citing negligence in food preparation and inadequate staff training for handling allergen-free requests. According to the suit, Dr Tangsuan and Piccolo questioned the waiter multiple times about the safety of her meal, receiving guarantees each time that it was allergen-free.

 

“When the waiter returned with [Tangsuan’s] food, some of the items did not have allergen-free flags in them and [Tangsuan] and [Piccolo] once again questioned the waiter who, once again, guaranteed the food being delivered to [Tangsuan] was allergen free,” the complaint states.

 

Unfortunately, despite self-administering an epi-pen and being rushed to the hospital, Dr Tangsuan passed away. A medical examiner’s investigation confirmed that her death resulted from anaphylaxis caused by elevated levels of dairy and nuts in her system.

 

The Magic Kingdom’s legal team is now attempting to dismiss the lawsuit, citing a binding arbitration clause Piccolo allegedly agreed to when signing up for a Disney+ trial in 2019. The company argues that this clause, part of the streaming service’s terms of service, covers all disputes involving Disney and its affiliates.

 

 

Disney’s lawyers maintain that the arbitration clause was clearly stated in the Subscriber Agreement, which Piccolo acknowledged during sign-up. They also point out that he agreed to similar terms when creating an account on Disney's website and app before visiting Disney Springs.

 

Piccolo’s attorney, Brian Denney, condemns the response as “outrageously unreasonable and unfair,” questioning the logic of applying terms agreed upon for a streaming service trial to an unrelated wrongful death case involving a Disney affiliate.

 

The case is far from over, and it’s a battle between a grieving husband seeking justice and a corporate giant fighting for its own fairy tale ending.

 

 

• https://www.hollywoodreporter.com/business/business-news/disney-wrongful-death-suit-disney-plus-1235975350/ 
• https://www.bbc.com/news/articles/c8jl0ekjr0go 
• https://www.nbcnews.com/news/us-news/disney-says-man-cant-sue-wifes-death-agreed-disney-terms-service-rcna166594 
• https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney 
• https://www.cnn.com/2024/08/14/business/disney-plus-wrongful-death-lawsuit/index.html 

 

 

Image: Susanne Neal | Dreamstime.com