Disney is trying to throw out a wrongful death claim because the accuser signed up for a one-month trial of the company’s streaming service in 2019.
Jeffrey Piccolo is suing the entertainment giant for $50,000 (£38,900) after his wife had a fatal allergic reaction at a pub in Disney Springs, Florida, in October 2023.
He claims a waiter “guaranteed” food ordered by Kanokporn Tangsuan, who had a severe allergy to nuts and dairy, at Irish pub Raglan Road had no allergens – but she later collapsed and died.
The lawyer representing the family described Disney‘s request – which argues the matter must be resolved out of court as per the subscriber agreement to Disney+ – as “absurd”.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary is so outrageously unreasonable and unfair as to shock the judicial conscience,” lawyer Brian Denney wrote in a filing.
Disney said the first page of its subscriber agreement states “any dispute between You and Us… is subject to a class action waiver and must be resolved by individual binding arbitration”.
Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments before making a binding decision.
Disney also notes Mr Piccolo agreed to a similar arbitration provision when he created an account on Disney’s website and app ahead of the ill-fated theme park visit.
The company said in a statement on Wednesday it is “deeply saddened” by the family’s loss but stressed it doesn’t own or run the pub.
“We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” said Disney, which owns Disney Springs but leases out some of its dining and shopping spaces.
Raglan Road hasn’t responded to an email from the Associated Press requesting comment.
What happened at the pub?
The lawsuit, filed in February, claims Mr Piccolo, his wife and his mother chose to eat at the pub on 5 October last year as it was billed on Disney’s website as having “allergen free food”.
After informing their server numerous times she had a severe allergy to nuts and dairy products, Mrs Tangsuan, 42, ordered the vegan fritter, scallops, onion rings and a vegan shepherd’s pie.
The waiter then “guaranteed” the food was allergen-free even though some of the items were not served with “allergen free flags”, the lawsuit adds.
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About 45 minutes after eating, the lawsuit claims New York doctor Mrs Tangsuan had difficulty breathing while shopping, collapsed and died in hospital, despite administering an EpiPen.
A medical examiner’s investigation determined she died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system”, the lawsuit said.
A hearing has been scheduled for 2 October on Disney’s motion in county court in Orlando.
Source Agencies
