(Photo by Gary Hershorn/Getty Images)
Whew! Roommates, here’s a harsh lesson on the importance of reading terms of services! Disney Parks and Resorts is clapping back at a man who is suing them for the alleged wrongful death of his wife. The multi-billion dollar company claims that Jeffrey Piccolo agreed not to sue them when he signed up for Disney+ in 2019.
According to NBC News, Jeffrey and his wife, Dr. Kanokporn Tangsuan, visited Disney World in Orlando, Florida, on October 5. He, his wife, and his mother had dinner at Raglan Road Irish Pub at Disney Springs during their visit.
The widow’s lawsuit claims they communicated with the server about Dr. Tangsuan’s allergies. However, the server allegedly reassured them the kitchen could make accommodations. When their food arrived, it reportedly had no “allergen-free flags,” prompting the family to inquire again, per the lawsuit documents. The server insisted the food was allergen-free.
After dining, Dr. Tangsuan struggled to breathe and collapsed at a nearby restaurant. She was reportedly experiencing a “severe acute allergic reaction to the food” from Raglan Road Irish Pub. By this point, her husband had returned to their room at the resort. Therefore, a bystander had to call 911 while Dr. Tangsuan administered her EpiPen.
Emergency officials transported Dr. Tangsuan to a local hospital for treatment. The husband didn’t know what was happening until he called his wife’s phone, and a bystander informed him of her reaction and transport. When Jeffrey arrived at the hospital, he learned that his wife had died.
Months later, in February, Jeffrey Piccolo filed a wrongful death lawsuit against Disney Parks and Resorts and the restaurant involved, claiming negligence. He is seeking $50,000 in damages.
An autopsy report confirmed that Dr. Tangsuan died from anaphylaxis while having elevated levels of nut and dairy in her system, per NBC. Her death was ruled an accident.
As of May, Disney has taken steps to avoid confronting the tragic event in court. According to the Associated Press, the company wants Piccolo’s wrongful death lawsuit dismissed.
So, here’s the tea. As mentioned, the husband signed up for a one-month trial of Disney+ in 2019, acknowledging that he reviewed the fine print. But, that fine print included a binding agreement to settle any lawsuits against Disney out of court through arbitration, a private dispute process.
“The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration,'” Disney’s motion reads, per AP.
Additionally, the billion-dollar company said that Jeffrey agreed to the same terms when he created an account on Disney’s website and app ahead of their Disney World visit.
Jeffrey Piccolo’s lawyer responded to Disney’s argument on August 2 in a responsive motion.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s 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,” Brian Denney said in the filing.
On Wednesday, Disney reps told AP in an emailed statement that they are “deeply saddened” by the family’s situation. However, they claim to be “defending” themselves against being included in the lawsuit against the restaurant.
Moreover, though Disney owns Disney Springs, it claims it leases spaces to other companies, like Raglan Road Irish Pub. However, Jeffrey’s initial filing claims that they ate at the restaurant because Disney’s website listed it as having allergen-free food.
A hearing is scheduled for October 2.
