Disney is being sued for the wrongful death of a New York University doctor. However, the company is attempting to have the case tossed out of court based on the fact that the husband of the deceased signed up for a Disney+ subscription years earlier.
Jeffrey Piccolo lost his wife, Kanokporn Tangsuan, last October following a fatal allergic reaction after eating in a Disney Springs restaurant in Florida. The theme park, which retains some of the most expensive lawyers in the country, wants to get out of the lawsuit based on a previous purchase assuming fault.
The Original Incident
When Tangsuan went to the Disney Springs restaurant in October, she didn’t think that she would be having her last meal.
Upon dining at the restaurant, the doctor let the staff know that she suffers from an anaphylactic allergy to both dairy and nuts. She ordered the vegan fritters, scallops, onion rings, and vegan shepherd’s pie. The wait staff assured her that all items could safely accommodate her allergy.
Anaphylaxis Event
After a short time, Tangsuan knew that she was experiencing a bad allergy attack. She used her EpiPen and collapsed to the floor when 911 was called.
Dr. Adam Berman, a specialist in EpiPen medicine notes that, “It’s only temporary. An EpiPen buys you time, it keeps you alive so that you can get to an emergency department for more definitive treatment.” Tangsuan sadly died of her injuries and was found to have elevated levels of dairy and nuts in her system.
Restaurants Have a Duty
With severe allergies becoming more common in society, most large restaurants have a clear procedure to deal with them.
In many cases, restaurants are, and have been, held liable for any serious allergy attacks. Also, since the Disney restaurant told Tangsuan that they could accommodate her allergy, this makes the case for her death even more apparent.
Disney Doesn’t Want To Pay
Despite raking in roughly $88.9 billion U.S. dollars last year, the massive entertainment conglomerate thinks that she should not be responsible for $50,000 in the wrongful death suit of Piccolo’s death.
The company is arguing that the case should be moved out of court based on a very innocuous purchase.
The Company’s Loophole
The Disney company believes that because Piccolo signed up for a one-month trial of the Disney+ streaming service back in 2019, this means that he agreed to “arbitrate all disputes with the company.”
However, the widower’s lawyers slammed the company as making up “preposterous” and “outrageously reasonable” claims for not being liable for the death.
Disney+ Subscriber Agreement
Information has been uncovered from the May 31 motion filed in Orange County, Florida circuit court.
The company alleges that because Piccolo signed the agreement for the one-month Disney+ subscription, used to watch movies and TV, states that any dispute, with the exception of small claims, may be “resolved by an individual binding arbitration.” In legal terms, this means that anyone who agreed to the terms and conditions cannot sue to the company for harm done.
The Company Is Doubling Down
In addition to agreeing to the Disney+ subscription, the company is arguing that Piccolo consented to more arbitration language when he used the “My Disney Experience” app to purchase tickets to Epcoit Theme Park last September before the fatal restaurant trip.
It’s unclear if Piccolo was aware of the implications of signing the contracts, which may alter the decision in court.
Piccolo’s Lawyers Fire Back
Thankfully, Piccolo has a team of lawyers fighting for his rights in court.
The legal team fired back in a motion on August 2 that Disney’s argument is “fatally flawed.”
More Legal Arguments
Piccolo’s legal team also made notes that the agreements that users click on should not have a standing in the case of harm being done in a restaurant, as no one signs away their rights when eating a meal.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement,” the lawyers wrote.
Tangsuan Herself Did Not Sign the Agreements
The lawyers had another excellent point to fight against the massive entertainment company.
They note that although Piccolo signed the user agreements that waived rights to litigation, Tangsuan herself did no such thing. When Piccolo filed the wrongful death suit for her, he was acting as a “personal representative of the estate of Kanokporn Tangsuan” and not on behalf of himself.
How Much Is Piccolo Asking For?
Right now, the total amount of the wrongful death suit is unknown. It’s also possible that the company could settle out of court for an undisclosed amount of money. This option is advantageous to the company’s reputation as the courts hide the amount, so no one can point to the amount and assume wrongdoing.
Right now, Piccolo is asking for $50,000 more than $50,000 in damages under Florida’s wrongful death act, in addition to more for mental pain, suffering, loss of income, and funeral expenses.
