Disney’s latest legal maneuvers have caught many by surprise. The multinational entertainment titan is seeking to dismiss a wrongful death lawsuit citing an unusual defense tied to a Disney+ subscription agreement.
The tragic events unfolded on October 5, 2023, when Dr. Kanokporn Tangsuan, a 42-year-old family medicine specialist working at New York University’s Langone Hospital, passed away after dining at Raglan Road Irish Pub and Restaurant located in Disney Springs. Dr. Tangsuan, who was visiting Walt Disney World Resort with her husband Jeffrey Piccolo and his mother, reportedly informed the restaurant staff of her severe dairy and nut allergies. Despite repeated reassurances from the server and consultations with the chef, her meal supposedly containing no allergens led to a fatal allergic reaction.
Jeffrey Piccolo’s lawsuit targets both Raglan Road and Disney, alleging negligence in food safety protocols. The claim argues that Disney failed in their duty to train and instruct staff adequately, leading to Tangsuan being served an allergen-containing meal, which culminated in her tragic collapse and subsequent death from anaphylaxis.
In a surprising counter, Disney’s legal team has requested the court to dismiss the case, referencing a Disney+ subscription agreement Piccolo had briefly engaged with back in 2019. According to their claim, the terms of the Subscriber Agreement, detailed in section seven, require all disputes to be resolved through arbitration rather than litigation. Disney’s attorneys argue that the terms Piccolo agreed to for the streaming service should apply to this wrongful death lawsuit as well.
The assertion has been sharply criticized by Piccolo’s lawyers, calling it ‘preposterous’ and accusing Disney of hiding crucial terms within dense agreements. West Palm Beach attorney Brian Denney has remarked on the ‘unreasonableness’ of extending such terms from a digital service to a tragic, real-world event, urging the court not to enforce this arbitration agreement.
As this legal battle unfolds, the public is invited to share their thoughts and opinions in the comments below. Do you think Disney’s defense based on a Disney+ subscription holds any weight, or do you side with the critics who see this as an overreach?
If you’ve faced similar experiences or have strong feelings about this case, let’s continue the discussion. Your voice matters!
Source: Poppy Bilderbeck
