Lawyers are sharply criticizing The Walt Disney Co. over a legal defense they call “surreal” following the tragic death of a woman at a Disney Springs restaurant. According to Jeffrey Piccolo, his wife Kanokporn Tangsuan died in October 2023 after mistakenly ingesting an allergen at Raglan Road Irish Pub. Despite informing the staff of her severe nut and dairy allergies, she was incorrectly assured that her food was safe.
In an unexpected twist, Disney’s defense hinges on the terms of a Disney+ free trial. The corporation claims that by signing up for the streaming service, Piccolo agreed to mandatory binding arbitration for all future disputes with Disney—even those unrelated to Disney+. Piccolo’s lawyers have filed a wrongful death suit and argue that this defense is “outrageously unreasonable and unfair.”
Brian Denney, representing Piccolo, declared in an August filing that Disney’s argument is “fatally flawed.” He emphasized that Disney’s stance would mean anyone who signed up for a Disney+ free trial would essentially waive their right to a jury trial in any future dispute with Disney subsidiaries. “This argument borders on the surreal,” Denney stated.
Disney’s position could potentially bar its 150 million subscribers from ever taking wrongful death cases to trial, according to Denney. The legal team underscored the absurdity and unfairness of this argument, asserting it was shocking to the judicial conscience.
After the incident, Raglan Road staff told The New York Post in February that they now ask diners about food allergies up front, possibly in response to the tragic event. A crucial court hearing on Disney’s motion is set for October 2 in Orange County, Florida, which will further address these contentious legal issues.
What are your thoughts on this lawsuit? Do you think Disney’s defense is justified, or does it indeed “border on the surreal”? Share your views in the comments and let’s get the conversation started!
Source: TheWrap
