Although Disney claims Jeffrey J. Piccolo cannot sue them, he accused Disney Parks and Resorts of negligence in his wife’s death, which was brought on by a severe allergy. This is the reason.
How many times have you lately join up for a streaming service and simply accepted the standard procedure of accepting the “Terms and conditions” without giving it any thought? This Disney lawsuit will make you rethink your actions out of dread for the future, but it will also put many things into perspective.
Dr. Kanokporn Tangsuan, a New York lady, passed away in February following a severe allergic reaction to meals containing allergens at a Disney World restaurant. Her spouse, Jeffrey J. Piccolo, filed a lawsuit against Disney Parks and Resorts in February, months after the catastrophe. Now, though, the business is making every effort to get this wrongful death case dropped due to the widower’s years-old Disney Plus account registration.
What does the lawsuit against Disney say?
According to Piccolo’s lawsuit, on October 5, he, his wife, and his mother had supper at Raglan Road Irish Pub and Restaurant at the Orlando resort in Florida since the establishment was advertised on Disney’s website as having “allergen-free food.”
Additionally, according to the lawsuit, Tangsuan repeatedly informed their server that she was extremely allergic to dairy and nuts. Eventually, they received a “guarantee” that the meal included no allergens.
After the 42-year-old doctor finished her meal, she had trouble breathing for around 45 minutes. When it occurred, she was shopping. The complaint claims that Tangsuan, a doctor affiliated with NYU Langone Health, finally passed away in a hospital after collapsing. The medical examiner concluded that the woman died from “anaphylaxis due to elevated levels of dairy and nut in her system,” according to the lawsuit.
Disney’s response to the wrongful death lawsuit
This is where the Disney contribution fits in. In a statement issued last week, the firm expressed its “deep sadness” over the family’s loss. Disney responded to the plaintiff’s case by claiming, as reported by the Associated Press, that they do not own or run the Irish bar in question.
“We are deeply saddened by the family’s loss and understand their grief,” an official from the firm told NBC News. We are only defending ourselves against the plaintiff’s attorney’s effort to include us in their case against the restaurant since Disney does not own or run this particular eatery.
Piccolo signed up for a month-long trial of Disney Plus in 2019, and the business said he did so with the understanding that any litigation he could face would be resolved through arbitration, deflecting additional attention from the T&C clause.
Disney requested to have the $50,000 lawsuit dismissed, arguing 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,” as stated in all capital letters on the first page of the Subscriber Agreement.
Disney stated he agreed to the same rules when purchasing tickets on the Walt Disney Parks website in court filings submitted in May.
Disney made an argument earlier this month, to which Piccolo’s attorneys retorted, calling the justification “preposterous.” Additionally, they emphasized how “absurd” it was to concede that more than 150 million Disney Plus customers had given up their ability to sue the business and its affiliates, particularly in light of the fact that Piccolo’s lawsuit is unrelated to the streaming service. They also emphasized the fact that he registered for a Disney Plus account on his PlayStation but removed it before the trial period ended.
“The idea that Mr. Piccolo consented to arbitrate claims arising from injuries his wife sustained at a restaurant located on property owned by a Disney theme park or resort, which ultimately led to her death, is simply not supported by any reading of the Disney+ Subscriber Agreement,” his attorneys stated.
