Disney dismisses wrongful death lawsuit over victim’s Disney+ account

Ouch! Roommates, this is a harsh lesson in the importance of reading terms of service! Disney Parks and Resorts is responding to a man who is suing them for the wrongful death of his wife. The multi-billion dollar company claims that Jeffrey Piccolo agreed not to sue them when he signed up for Disney+ in 2019.

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How His Wife Died and How Much Money His Husband Wanted

According to NBC NewsJeffrey and his wife, Dr. Kanokporn Tangsuan, visited Disney World in Orlando, Florida, on October 5.. HeHis wife and mother had dinner at the Raglan Road Irish Pub at Disney Springs during their visit.

The widows’ lawsuit claims they spoke to the server about Dr. Tangsuan’s allergies. However, the server allegedly assured them that the kitchen could accommodate them. When their food arrived, it reportedly did not have a “hypoallergenic flag,” prompting the family to ask again, according to lawsuit documents. The server insisted that the food was hypoallergenic.

After dinner, Dr. Tangsuan struggled to breathe and collapsed at a nearby restaurant. She is believed to have suffered a “severe acute allergic reaction to food” from the Raglan Road Irish Pub. Her husband had returned to their room at the resort by this time. A passerby had to call 911 while Dr. Tangsuan administered an EpiPen.

Paramedics took Dr. Tangsuan to a local hospital for treatment. The husband had no idea what was happening until he called his wife, and a passerby alerted him to her reaction and transport. When Jeffrey arrived at the hospital, he learned that his wife had died.

A few months later, in February, Jeffrey Piccolo filed a wrongful death lawsuit against Disney Parks and Resorts and the restaurant involved, alleging negligence. He is seeking $50,000 in damages.

According to NBC, an autopsy report confirmed that Dr. Tangsuan died of anaphylactic shock while having high levels of nuts and milk in her system. Her death was determined to be accidental.

Disney Responds to Husband’s Wrongful Death Lawsuit

As of May, Disney has taken steps to avoid facing this tragic event in court. According to Press LinksThe company wants Piccolo’s wrongful death lawsuit dismissed.

So here’s the tea. As mentioned, the husband signed up for a one-month trial of Disney+ in 2019, admitting that he looked at the fine print. But, that fine print included a binding agreement to settle any lawsuits against Disney out of court through arbitration, a private dispute resolution process.

According to AP, Disney’s move states: “The first page of the Subscriber Agreement states in 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 binding individual arbitration.'”

Additionally, the multibillion-dollar company said Jeffrey agreed to similar terms when he created an account on Disney’s website and app ahead of his visit to Disney World.

Jeffrey Piccolo’s attorney responded to Disney’s argument on August 2 with a rebuttal.

“The notion that the terms a consumer agrees to when creating a Disney+ free trial account will forever bar that consumer’s right to a jury trial in any dispute with any Disney subsidiary or affiliate is so absurd and unjust as to shock the conscience of the judiciary, and this court should not enforce such an agreement,” Brian Denney said in the filing.

On Wednesday, a Disney representative told the AP in an emailed statement that they were “deeply saddened” by the family’s situation. However, they claimed to be acting in “self-defense” to avoid being included in a lawsuit against the restaurant.

Furthermore, although Disney owns Disney Springs, they claim to lease space to other businesses, such as the Raglan Road Irish Pub. However, Jeffrey’s original filing stated that they ate at the restaurant because the Disney website listed it as having allergy-friendly food.

The hearing is scheduled for October 2.

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