Disney claims husband can't sue for wrongful death – because he signed up for Disney+ lawsuit | US News

Disney is trying to dismiss a wrongful death lawsuit because the plaintiff signed up for a month-long trial of the company's streaming service in 2019.

Jeffrey Piccolo is suing the entertainment giant for $50,000 (£38,900) after his wife suffered a fatal allergic reaction at a pub in Disney Springs, Florida, in October 2023.

He claims that a waiter “guaranteed” that the food ordered by Kanokporn Tangsuan, who suffered from a severe nut and milk allergy, at the Raglan Road Irish Pub did not contain any allergens – but that she later collapsed and died.

The family’s lawyer described DisneyDisney's motion – which argues that the matter must be settled out of court under the Disney+ subscription agreement – is “absurd.”

“The notion that terms and conditions to which a consumer agrees when creating a free trial account for Disney+ would forever deprive that consumer of the right to a jury trial in any dispute with a Disney affiliate or subsidiary is so egregiously unreasonable and unfair that it shocks the legal conscience,” attorney Brian Denney wrote in a brief.

Disney said the first page of its subscription agreement states: “Any dispute between you and us … is subject to a class action waiver and must be resolved through individual binding arbitration.”

Arbitration allows disputes to be resolved without resorting to a court. Typically, a neutral arbitrator will review the arguments before making a binding decision.

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Disney also points out that Mr. Piccolo agreed to a similar arbitration clause when he opened an account on Disney's website and app prior to his ill-fated visit to the theme park.

The company said in a statement on Wednesday that it was “deeply saddened” by the loss of the family, but stressed that it neither owns nor operates the pub.

“We are simply defending ourselves against the plaintiff's attorney's attempt to include us in his lawsuit against the restaurant,” said Disney, which owns Disney Springs but rents out some of its dining and shopping spaces.

Raglan Road did not respond to an email from The Associated Press seeking comment.

What happened in the bar?

The lawsuit, filed in February, says Mr Piccolo, his wife and his mother ate at the pub on October 5 last year because the Disney website stated it offered “allergen-free food.”

After repeatedly informing the waiter that she suffers from a severe allergy to nuts and dairy products, 42-year-old Ms. Tangsuan ordered the vegan doughnuts, scallops, onion rings and a vegan shepherd's pie.

The waiter then “guaranteed” that the food was allergen-free, even though some of the dishes were not served with the “allergen-free” label, the lawsuit continues.

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About 45 minutes after the meal, according to the lawsuit, New York doctor Ms. Tangsuan began having difficulty breathing while out shopping, collapsed and died in the hospital despite administering an EpiPen.

A medical examiner's investigation found that she died as a result of “anaphylactic shock due to elevated levels of dairy and nuts in her body,” the lawsuit states.

A hearing on Disney's motion is scheduled for October 2 in Orlando District Court.