Disney Claims Man Can’t File Suit for Wife’s Allergy Death Due to Disney+ Trial Agreement

Disney is actively seeking to dismiss a wrongful death lawsuit tied to a New York doctor who allegedly suffered a fatal allergic reaction after dining at Disney World. This legal dispute raises significant questions about consumer agreements and their implications on the rights of individuals.

The lawsuit stems from the experience of Kanokporn Tangsuan, a 42-year-old family medicine specialist, who died following a visit to the Raglan Road Irish Pub in Disney Springs last October. Her husband, Jeffrey Piccolo, claims the pub failed to provide allergen-free food despite being informed of her severe allergies to nuts and dairy.

Disney contends that Piccolo waived his right to sue by agreeing to an arbitration clause when he signed up for a trial of Disney+. According to the company, this clause is part of the subscriber agreement, which stipulates that any disputes must be resolved through arbitration rather than litigation.

In their motion to dismiss, Disney argues that the terms Piccolo accepted were clearly outlined, emphasizing that all disputes, including those involving Disney affiliates, fall under this arbitration agreement. The company claims that the validity of Piccolo’s understanding of the terms is irrelevant.

However, Piccolo’s attorney, Brian Denney, finds this interpretation unreasonable. In a recent filing, he expressed skepticism about the notion that millions of Disney+ subscribers intended to relinquish their rights to sue in any circumstances simply by activating a streaming service.

According to Denney, enforcing such an agreement would be both “outrageously unreasonable and unfair.” He believes it undermines the judicial process and the rights of consumers, suggesting that no individual should be bound indefinitely to an agreement signed under such conditions.

Piccolo’s lawsuit details their experience at the Raglan Road pub. Despite multiple assurances from the staff that the food was safe, Tangsuan experienced an allergic reaction shortly after their meal. A subsequent medical investigation confirmed that she died due to anaphylaxis caused by dairy and nut exposure.

As this case unfolds, the court has set an Oct. 2 hearing to address Disney’s motion in Orlando’s county court. Piccolo has sought damages exceeding $50,000 for the loss of his wife, as the implications of this legal battle could have far-reaching effects on consumer rights in similar agreements.