On Oct. 5, 2023, Jeffrey Piccolo, his mother, and his wife, Kanokporn “Amy” Tangsuan, a 42-year-old doctor from New York, dined at an Irish pub at a Walt Disney World resort, choosing the location because it was advertised on Disney’s website as offering “allergen free food.” The doctor, who had a severe allergy to nuts and dairy, informed wait staff numerous times of her allergy when ordering the vegan fritter, scallops, onion rings and a vegan shepherd’s pie, and she was “guaranteed” the items were allergen-free. Less than an hour after finishing the meal, however, Tangsuan began having trouble breathing. Despite administering an EpiPen, she eventually died at a nearby hospital, with a medical examiner determining the cause of death as “anaphylaxis due to elevated levels of dairy and nut in her system,” according to a lawsuit her husband filed in February. The tragic incident has now made headlines over Disney’s response, which Piccolo’s attorney Brian Denney said “borders on absurd.”
Does signing up for Disney’s popular streaming service mean you have agreed to never sue the entertainment giant over anything forever?
That is what Disney argues in a wrongful death lawsuit involving a 42-year-old New York doctor whose family claims had a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.
Disney is asking a Florida court to dismiss a lawsuit brought against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist with NYU Langone’s office in Carle Place, on Long Island.
The company argues Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.
“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,” the company wrote in its motion. “The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’.”
Disney also notes in its response that 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. (Associated Press)
Piccolo's attorneys objected to that argument.
"There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death," the attorneys said, adding that 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 ... is so outrageously unreasonable and unfair."
The suit is seeking more than $50,000 in damages.
Disney is arguing that the arbitration clause of the TOS the decedent agreed to when signing up for a Disney+ free trial covers a wrongful death claim relating to food served at a Disney restaurant…
— Rob Freund (@RobertFreundLaw) August 14, 2024
Good luck with that. pic.twitter.com/wqvnsnvZ7A
Absolutely insane story from the Magic Kingdom
— Morning Brew ☕️ (@MorningBrew) August 14, 2024
Last year:
- A woman passed away from an allergic reaction after eating at a Disney restaurant
- Her husband files a wrongful death lawsuit arguing staff didn't take care, despite being warned of allergies
Now:
- Disney is… pic.twitter.com/lsM73xJpd0
Disney has issued a statement in response to news reports about the wrongful death lawsuit involving Raglan Road Irish Pub and Restaurant at Disney Springs: https://t.co/ylr1jMT02D pic.twitter.com/aEHaOyYSOe
— Scott Gustin (@ScottGustin) August 15, 2024
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