Disney is pushing to have a wrongful death lawsuit dismissed, arguing that the terms of service agreed to by the subscriber mandate arbitration for disputes. The case involves Jeffrey Piccolo, who filed suit against Disney Parks and Resorts following the death of his wife, Kanokporn Tangsuan, from a severe allergic reaction allegedly caused by food consumed at a Disney Springs restaurant.
Piccolo’s lawsuit, filed in February, claims that Tangsuan suffered a fatal allergic reaction after dining at the Raglan Road Irish Pub and Restaurant in Orlando on October 5 of the previous year. Despite multiple inquiries about allergens in the food, she reportedly consumed a meal containing dairy and nuts, to which she was highly sensitive. The autopsy confirmed that anaphylaxis from these allergens led to her death the following day.
In response to the lawsuit, Disney has argued that Piccolo’s subscription to Disney+ included terms of use that require disputes to be resolved through arbitration rather than through the court system. Disney points to the fact that Piccolo signed up for a one-month Disney+ trial in both 2019 and 2023, during which he agreed to these terms. According to Disney, the terms of service encompass all Disney-related services, including those of Disney Parks and Resorts.
Disney’s defense asserts that the agreement Piccolo entered into when subscribing to Disney+ covers all potential disputes with the company, including those related to its theme parks. They have called for the case to be dismissed or settled through arbitration as stipulated in the agreement.
Piccolo’s lawsuit seeks damages exceeding $50,000, alleging negligence on the part of the restaurant staff for failing to adequately address Tangsuan’s allergen concerns.
The outcome of this legal battle will hinge on the interpretation and enforceability of the terms of service agreed to by Piccolo and their applicability to the current case involving Disney’s theme parks.
