Disney backtracks and drops NYU doctor's widower's wrongful death lawsuit over Disney+ subscriptions

Disney has now withdrawn its attempt to dismiss a wrongful death lawsuit brought by the grieving husband of a New York University doctor because the fine print on the widower's subscription to the Disney+ streaming service was incorrect.

The amusement park giant announced its decision to change course late Monday after sparking a storm of outrage by arguing in court documents that Jeffrey Piccolo was barred from suing over the allergy-related death of his wife, Kanokporn Tangsuan, because of the subscription contract he signed years earlier.

“At Disney, we strive to put humanity above all other considerations,” Josh D'Amaro, chairman of Disney Experiences, said in a statement to The Post about the company's decision.

“In such unique circumstances as this case, we believe this situation requires a sensitive approach to expedite a resolution for the family who have suffered such a painful loss. Therefore, we have decided to waive our right to arbitration and take the matter to court.”

According to documents, Disney had not officially filed its latest motion in Orange County District Court in Florida as of Tuesday morning.

The move came a week after it was revealed that Tangsuan's grieving widower was involved in the heated legal battle after he filed a wrongful death suit against Walt Disney Parks and Resorts, alleging that the NYU doctor suffered a fatal allergic reaction after dining at a Disney Springs restaurant in Florida last October.

However, Disney fired back, claiming the $50,000 lawsuit should be dismissed by the court because Piccolo had agreed to arbitrate any disputes with the company when he signed up for a month-long Disney+ trial in 2019, court documents said.

The company also argued that Piccolo agreed to a similar arbitration agreement when he purchased tickets to Epcot theme park using the My Disney Experience app in September of last year, the filing said.

Disney claimed that both contracts required Piccolo to agree to the arbitration fine print before the purchase, the filing said.

But Piccolo's lawyers immediately criticized Disney's “absurd” request as “outrageously unreasonable” – and argued that it was “of fatal significance”.

“The notion that terms 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 judicial conscience, and this Court should not enforce such an agreement,” Piccolo wrote in an Aug. 2 motion.

Tangsuan, 42, died on October 5 of a severe allergic reaction known as anaphylaxis, just hours after dining with her husband at the Raglan Road Irish Pub and Restaurant during the ill-fated trip.

The original complaint stated that she repeatedly explained to the wait staff before placing her order that she suffered from a severe nut and milk allergy.

The doctor, who worked at NYU Langone Hospital in Manhattan, then ate scallops, onion rings, broccoli and corn cakes – but soon became ill, the file says.

Although Tangsuan was given an EpiPen immediately after his collapse, he later died in hospital.

Following the recent developments, the Post contacted Piccolo's lawyers.