“Disney has decided to forgo its attempt to dismiss a wrongful death lawsuit by citing a streaming service subscription clause, allowing the case to proceed in court”
Disney has announced it will no longer seek to dismiss a wrongful death lawsuit based on the victim’s family’s subscription to its streaming service, Disney+. This decision, disclosed in a statement on Monday, means that the lawsuit will continue in Florida court.
Josh D’Amaro, Chairperson of Disney’s theme park division, stated that Disney will waive its arbitration rights and let the case proceed. The lawsuit was filed by Jeffrey Piccolo, whose wife, Dr. Kanokporn Tangsuan, a physician from New York, died from an allergic reaction after dining at a restaurant in Disney Springs.
Previously, Disney argued that Piccolo could not sue the company because he had agreed to arbitration when he signed up for a one-month trial of Disney+ in 2019. Disney claimed that this agreement covered any legal disputes with the company. However, in a statement on Monday, Disney confirmed it would no longer pursue this argument and would instead file a memo with the court acknowledging this decision.
“At Disney, we prioritize humanity above all else,” said D’Amaro. “Given the unique circumstances of this case, we believe a sensitive approach is necessary to expedite a resolution for the family who have endured such a tragic loss.”
Piccolo’s attorneys had previously criticized Disney’s argument, calling it “absurd” to suggest that Disney+ subscribers have waived their rights to sue the company due to fine print in the subscription agreement.
Disney’s defense had initially involved claims that Piccolo had agreed to arbitration terms not only through the Disney+ trial but also when purchasing theme park tickets through Disney’s website and app. Arbitration is a process where disputes are settled outside of court, with a neutral arbitrator making a binding decision based on the evidence.
In a follow-up statement, Disney clarified that its initial attempt to dismiss the lawsuit was part of its defense strategy against Piccolo’s claim, which also targets Raglan Road, an Irish pub in Disney Springs. Disney Springs, while owned by Disney, leases spaces to various businesses.
The lawsuit alleges that Piccolo and his wife chose Raglan Road based on its advertised allergen-free menu. Dr. Tangsuan, who had severe allergies to nuts and dairy, was assured by the staff that her meal was allergen-free. Despite using an EpiPen, she experienced a fatal allergic reaction less than an hour after eating.
The lawsuit aims to hold Disney and Raglan Road accountable for the tragic incident.
