In a recent legal development, Disney has dismissed a lawsuit filed by Jeffrey J. Piccolo, whose wife, Dr. Kanokporn Tangsuan, tragically passed away after consuming food at a Disney World restaurant. The dismissal was influenced by the discovery of Piccolo’s Disney+ account, which raised questions about the validity of his claim.
A Devastating Loss and a Legal Battle
Dr. Tangsuan, a respected family medicine specialist, had made her allergies known to the restaurant staff at Raglan Road Irish Pub and Restaurant in Disney World Orlando. Despite assurances that the food was safe for her, she suffered a severe allergic reaction and passed away shortly after. Her husband, Jeffrey J. Piccolo, filed a lawsuit claiming negligence on the part of Disney, alleging that they failed to properly train their employees on allergen-free food.
Disney’s Defense: Terms and Conditions
However, Disney is seeking to have the lawsuit dismissed and mediated through arbitration. They argue that Piccolo’s acceptance of terms and conditions when signing up for Disney+ in 2019 and buying park tickets in 2023 impacts the case. By agreeing to these terms, Piccolo is now confronted with Disney’s request to dismiss the wrongful death lawsuit.
A Buried Clause
The Subscriber Agreement for Disney+ requires resolving disputes through individual binding arbitration, except for small claims. Disney contends that because Piccolo agreed to these terms, he must abide by this dispute resolution method. Piccolo’s legal team has criticized Disney’s stance, deeming the arbitration clause buried within the terms and conditions as unreasonable and unfair to consumers.
Disney’s Response and Clarification
In response, a Disney spokesperson expressed regret for the family’s loss and offered condolences. They emphasized that the restaurant where the tragic incident occurred is neither owned nor operated by the theme park. Disney is simply defending themselves against the plaintiff’s attorney’s attempt to include them in the lawsuit against the restaurant. They emphasized that their position does not affect any wrongful death or other claims the plaintiff may have against the restaurant.
