The Walt Disney Company is currently embroiled in a legal battle as it seeks to dismiss a wrongful death lawsuit.
The suit was filed by Jeffrey Piccolo, a bereaved husband, following the tragic death of his wife due to an allergic reaction after dining at one of Disney's restaurants. Disney's defense rests on the claim that Piccolo's one-month trial of Disney+ membership absolves the company of any liability.
As reported by The Post Millennial, the lawsuit was initiated by Piccolo after his wife, 42-year-old Kanokporn Tangsuan, suffered a fatal allergic reaction post dining at a Disney Springs restaurant in Florida in October. Disney's counter-argument is that the $50,000 lawsuit should be dismissed as Piccolo had agreed to arbitrate all disputes with the company when he signed up for a one-month trial of Disney+ in 2019. This argument has been termed as "preposterous" and "outrageously unreasonable" by Piccolo's legal team.
Disney's defense is rooted in the Disney+ subscriber agreement that Piccolo signed on his PlayStation, which stipulated that any dispute would be "resolved by individual binding arbitration." Disney further argues that Piccolo agreed to similar terms when he used the "My Disney Experience" app to purchase tickets to visit the Epcot theme park in September, a month prior to the tragic incident at the restaurant. According to Disney, both agreements necessitated Piccolo's consent to the arbitration language before making any purchases.
In response, Piccolo's attorneys have stated, "The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumers 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." They further clarified that Piccolo filed the wrongful death suit as the "personal representative of the estate of Kanokporn Tangsuan" and not in his personal capacity.
Tangsuan, a physician at Manhattans NYU Langone hospital, succumbed to anaphylaxis, a severe allergic reaction, mere hours after dining at the Raglan Road Irish Pub and Restaurant with her husband on October 5. Despite her repeated warnings to the wait staff about her nut and dairy allergies while ordering scallops, onion rings, broccoli, and corn fritters, she experienced difficulty breathing and collapsed shortly after leaving the restaurant. Despite immediate administration of an epi-pen, she passed away at a local hospital.
Piccolo is now seeking over $50,000 in damages under Floridas wrongful death act, in addition to compensation for mental pain and suffering, loss of income, and funeral expenses. This case underscores the importance of businesses taking customer allergies seriously and raises questions about the fairness of arbitration clauses in consumer agreements.
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