Disney Faces Legal Battle Over Wrongful Death Suit
Disney is asking a Florida court to dismiss a wrongful death lawsuit brought against it by Jeffrey Piccolo, whose wife, Dr. Kanokporn Tangsuan, died after an alleged fatal allergic reaction at an Irish pub in Disney Springs. The entertainment giant argues that Piccolo waived his right to sue when he signed up for a Disney+ trial in 2019.
Arbitration Clause in Disney+ Subscription
In its motion, Disney claims that when Piccolo subscribed to Disney+ for a one-month trial, he agreed to a binding arbitration clause that covers all disputes with the company or its affiliates. The clause, included in the Terms of Use, requires disputes to be resolved through individual arbitration rather than through a lawsuit in court.
“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,” Disney wrote in its motion. The company asserts that this agreement applies to all disputes, regardless of their relation to the Disney+ service.
Challenging the Scope of the Agreement
Piccolo’s attorney, Brian Denney, has filed a response challenging Disney’s motion, arguing that it is unreasonable to extend the arbitration clause to a wrongful death case that has no connection to the Disney+ service. Denney labeled the company’s argument as “absurd,” stating that it would be unfair to enforce such a broad waiver of rights in a situation unrelated to the streaming service.
“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,” Denney argued in his filing.
The Incident: Fatal Allergic Reaction at Disney Springs
The wrongful death lawsuit stems from an incident on October 5, 2023, when Piccolo, his wife, and his mother dined at Raglan Road, an Irish pub in Disney Springs. Tangsuan, who had severe allergies to nuts and dairy, informed the server of her allergies multiple times and was assured that her meal was allergen-free. Despite these assurances, Tangsuan experienced an allergic reaction approximately 45 minutes after finishing her meal. She collapsed while shopping and later died at the hospital, despite using an EpiPen during the reaction.
The lawsuit claims that Tangsuan’s death resulted from “anaphylaxis due to elevated levels of dairy and nut in her system,” as determined by a medical examiner’s investigation.
