Disney is attempting to have a wrongful death lawsuit dismissed, arguing that the plaintiff, Jeffrey Piccolo, agreed to arbitration years ago when he signed up for Disney's streaming service, Disney+. The lawsuit was filed by Piccolo following the death of his wife, Dr. Kanokporn Tangsuan, who suffered a fatal allergic reaction after dining at a Disney Springs restaurant in Florida last October.
According to the lawsuit, Piccolo’s wife, a physician at NYU Langone Hospital, experienced a severe allergic reaction after eating at Raglan Road Irish Pub and Restaurant despite repeatedly informing the staff of her nut and dairy allergies. Tangsuan collapsed shortly after leaving the restaurant and, despite being administered an EpiPen, died at a local hospital.
Disney is now arguing that Piccolo should not be allowed to pursue the lawsuit in court because he agreed to arbitrate all disputes with the company when he signed up for a one-month trial of Disney+ in 2019. According to court documents, Disney claims that Piccolo’s agreement to the arbitration clause, which was part of the Disney+ subscriber agreement, should apply to this case.
Disney further contends that Piccolo agreed to similar arbitration terms when he used the "My Disney Experience" app to purchase tickets for the Epcot theme park in September 2022, a month before the incident.
Piccolo’s attorneys have sharply criticized Disney's argument, calling it “preposterous” and “outrageously unreasonable.” In an Aug. 2 motion, they argued that the arbitration agreement should not apply to the wrongful death suit, which was filed on behalf of Tangsuan's estate. They assert that it is unreasonable to suggest that an agreement made while signing up for a streaming service could bar a consumer's right to a jury trial in any dispute with a Disney affiliate or subsidiary.
The lawsuit seeks more than $50,000 in damages under Florida’s wrongful death act, including compensation for mental pain and suffering, loss of income, and funeral expenses.
