Disney is trying to dismiss a wrongful death lawsuit by arguing that the grieving husband had agreed to handle disputes through arbitration when he signed up for Disney+.
Jeffrey Piccolo is suing Disney after his wife, Kanokporn Tangsuan, suffered a fatal allergic reaction following a meal at the Walt Disney World Resort in Orlando last October. The case has been ongoing in a Florida federal court since February.
Disney’s legal team contends that by creating a Disney+ account in 2019, Piccolo consented to binding arbitration for any disputes, as outlined in the service’s terms and conditions. They claim that he should have been aware of this since it was clearly stated when he registered for the service and purchased tickets to the park.
The lawsuit details how Piccolo registered on the Disney+ website, agreed to the Subscriber Agreement, and acknowledges that he cannot create an account without consenting to the associated terms.
Tangsuan, a doctor, allegedly died after eating at Raglan Road Irish Pub, despite informing the staff about her allergies to nuts and dairy prior to dining. According to the lawsuit, the establishment had assured patrons that they prioritize accommodating food allergies.
In response to Disney’s motion to dismiss the lawsuit based on arbitration, attorneys for Tangsuan’s estate called such arguments “incredible,” suggesting it unfairly waives the right to a jury trial for subscribers and their estates.
The lawsuit brings Great Irish Pubs Florida and Disney World Parks and Resorts U.S. into the mix as defendants, reiterating that Piccolo and Tangsuan had chosen Raglan Road based on its reputation for safety when it came to food allergies.
Disney has consistently pushed for arbitration since it first filed its motion on May 31.