Does signing up for Disney’s popular streaming service mean agreeing to never sue the entertainment giant for anything, forever?
That’s what Disney claims in a wrongful death lawsuit involving a 42-year-old New York doctor whose family circle says he had a fatal allergic reaction after dining at an Irish pub in Disney Springs in October.
Disney is asking a Florida court to dismiss the lawsuit filed against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist at NYU Langone’s office in Carle Place, Long Island.
The company claims that Piccolo agreed to settle any lawsuit against Disney out of court through an arbitration proceeding when he signed up for a month-long Disney trial in 2019 and claimed he had read the fine print.
“The terms of use, provided with the subscription agreement, come with a binding arbitration clause,” the company wrote in its motion. “The first page of the subscription agreement states, in capital letters, that ‘any dispute between you and us, for small claims, is subject to a waiver of court action and shall be resolved by binding individual arbitration. ‘”
Disney also notes in its reaction that Piccolo agreed to a similar arbitration provision when he created an account on the Disney app before the unfortunate visit to the theme park.
But Piccolo’s lawyer, in a response filed earlier this month, argued that it was “absurd” that Disney’s more than 150 million subscribers had waived any right to sue the company and its subsidiaries in perpetuity, even though their case has nothing to do with it. to do with the popular streaming service.
“The concept that terms agreed to through a customer when creating a Disney free trial account would forever exclude that customer’s right to a jury trial in the event of a dispute with a Disney subsidiary or associate is so shockingly unreasonable and unfair as to shock the court and this court deserves not to enforce such an agreement,” Brian Denney, Piccolo’s attorney, wrote in the Aug. 2 filing.
Disney, in its May 31 filing, argued that Piccolo’s review of the terms of service was “irrelevant. “It also noted that the arbitration provision “covers ‘all disputes,’ adding ‘disputes involving The Walt Disney Company or its affiliates. ””
Arbitration allows other people to argue without going to court, and sometimes it uses an impartial arbitrator who reviews arguments and evidence before issuing a binding ruling or award.
Disney said Wednesday night that it was “deeply saddened” by the family’s loss, but under pressure that the Irish pub was not owned or operated by the company. The company’s position in the litigation does not conflict with the plaintiff’s claims against the restaurant, he added.
“We are simply protecting ourselves from plaintiff’s attorney’s attempt to join us in his lawsuit against the restaurant,” the company wrote in an emailed statement.
Raglan Road, the Disney Springs Irish pub where Tangsuan dined, did not respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some of the resort’s dining, food shopping, and entertainment spaces to other businesses.
Piccolo’s lawsuit, filed in February, claims he, his wife and mother ate at Raglan Road on Oct. 5, 2023, because Disney’s online page featured “allergen-free food. “
After informing her waiter several times that she had a severe allergy to nuts and dairy, Tangsuan ordered fritters, scallops, onion rings, and vegan shepherd’s pie.
The waiter then “guaranteed” the food was allergen-free, even though some dishes were not served with “allergen-free flags,” according to the lawsuit.
About forty-five minutes after finishing dinner, Tangsuan had difficulty breathing while shopping, collapsed, and eventually died in the hospital, despite self-administering an EpiPen for the allergic reaction, according to the lawsuit.
A medical examiner’s investigation later concluded that she died of “anaphylaxis due to the high levels of dairy and nuts in her system,” the lawsuit states.
A hearing on Disney’s move is scheduled for Oct. 2 in Orlando County Court. Piccolo has more than $50,000 in his lawsuit.
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