In a dramatic turn of events, Disney is seeking to dismiss a wrongful death lawsuit brought by Jeffrey Piccolo, whose wife, Dr. Kanokporn Tangsuan, tragically passed away from a severe allergic reaction after dining at Raglan Road in Disney Springs. The whopping twist? Disney claims that Piccolo had agreed to settle any disputes out of court through arbitration when signing up for a Disney+ trial back in 2019.
Disney’s argument hinges on the fine print in the Disney+ Subscriber Agreement, which includes a binding arbitration clause. The clause, boldly highlighted in capital letters, states that any disputes with Disney or its affiliates must be resolved by individual binding arbitration, barring class action suits. Disney maintains that whether Piccolo actually reviewed the terms is beside the point, as the clause covers “all disputes.”
Piccolo’s lawyer, Brian Denney, passionately argues against Disney’s position, stating it’s preposterous to believe that over 150 million Disney+ subscribers have waived their rights to a jury trial for all time, regardless of the dispute’s nature. Denney contends that this interpretation is outrageously unreasonable and fundamentally unfair, urging the court to dismiss Disney’s motion.
The heart-wrenching incident unfolded on October 5, 2023, when Tangsuan, a family medicine specialist with NYU Langone, had dinner with her husband and mother. Despite repeatedly informing their server about her severe nut and dairy allergies, Tangsuan was assured the food was allergen-free. Tragically, she suffered an anaphylactic shock 45 minutes later and died despite using an EpiPen. A subsequent medical examination confirmed her death resulted from elevated dairy and nut levels in her system.
As the October 2 hearing in Orlando approaches, this case has magnified crucial discussions on consumer rights and corporate policies. Disney and Raglan Road have yet to comment on the lawsuit, but the public and legal observers are keenly watching how this case unfolds.
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Source: PHILIP MARCELO Associated Press
