Disney dismissed a lawsuit filed by a man claiming negligence in his doctor wife’s death, citing his Disney+ account.
Disney has recently dismissed a wrongful death lawsuit filed by a man whose wife, a doctor, passed away.
The discovery of the man’s Disney+ account drew attention to the case and significantly influenced the dismissal of his claim.
Doctor’s husband sues Disney after his wife died for consuming food at there
In a recent legal development, the theme park has moved to dismiss a lawsuit filed by a widower, Jeffrey J. Piccolo, to the tragic death of his wife, Dr. Kanokporn Tangsuan.
The lawsuit, seeking $50,000 in damages, was initiated after Dr. Tangsuan’s untimely death.
She suffered a fatal allergic reaction at a Disney World restaurant.
Dr. Tangsuan, a family medicine specialist, had made her allergies known to the restaurant staff at Raglan Road Irish Pub and Restaurant in Disney World Orlando.
Despite assurances that the food was safe for her, she tragically experienced a severe allergic reaction and passed away shortly after.
Jeffrey J. Piccolo’s legal claim alleges that it failed to adequately train its employees on allergen-free food.
He argues this failure led to the preventable death of his wife.
However, the theme park is seeking to have the lawsuit dismissed and mediated through arbitration instead of pursuing litigation in court.
The theme park dismisses man’s lawsuit for his doctor wife’s demise as he had Disney+ account
Disney argues that Piccolo’s acceptance of terms and conditions when signing up for Disney+ in 2019 and buying park tickets in 2023 impacts the case.
They claim this acceptance undermines his lawsuit.
By agreeing to these terms, Piccolo is now dealing with Disney’s request to dismiss the wrongful death lawsuit.
The terms included settling disputes through arbitration.
The Subscriber Agreement for Disney+ requires resolving disputes through individual binding arbitration.
This applies to all issues except small claims.
The theme park argues that because Piccolo agreed to these terms, he must follow this dispute resolution method.
“The first page of the Subscriber Agreement states, in all 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 individual binding arbitration’.”
Piccolo’s legal team has criticized Disney’s stance, calling the arbitration clause buried within the terms and conditions unreasonable and unfair to consumers.
They argue that consumers cannot fully understand such stipulations because they do not display them prominently.
A spokesperson stated, “We deeply regret the family’s loss and understand their grief.”
Given that this restaurant is neither owned nor operated by the theme park, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
Disney added: “position in no way affects any wrongful death or other claims the plaintiff may have against the restaurant.”