Disney Argues Wrongful Death Lawsuit Should Be Dismissed Because Plaintiff Signed Up for Disney+ Lawsuit

NEW YORK (AP) — By signing up for Disney’s popular streaming service, does that mean you’ve agreed to never sue the entertainment giant for anything again?

This is what Disney supports in a wrongful death lawsuit involving a 42-year-old New York doctor whose family says he suffered a fatal allergic reaction after eating at an Irish pub at Disney Springs in October.

Disney is asking a Florida court to dismiss a lawsuit filed against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist at NYU Langone’s Carle Place practice on Long Island.

The company maintains that Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged reading the fine print.

“The Terms of Service, which came with the Subscription Agreement, include a binding arbitration clause,” the company wrote in its filing. “The first page of the Subscription Agreement states, in all caps, that ‘any dispute between you and us, except for small claims, is subject to a class action waiver and must be resolved by binding individual arbitration.’”

Disney also notes in its response that Piccolo agreed to a similar arbitration clause when he created an account on Disney’s website and app before the ill-fated theme park visit.

But Piccolo’s attorney, in a response filed earlier this month, argued that it was “absurd” to believe that Disney+’s more than 150 million subscribers have waived any right to sue the company and its subsidiaries in perpetuity — even though their case has nothing to do with the popular streaming service.

“The idea that the terms a consumer agreed to when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with a Disney subsidiary or affiliate is so outrageously unreasonable and unfair that it shocks the judicial conscience, and this court should not enforce such an agreement,” Piccolo’s attorney Brian Denney wrote in the Aug. 2 filing.

In its May 31 filing, Disney argued that whether Piccolo actually reviewed the terms of service was “irrelevant.” It also noted that the arbitration clause “covers all disputes,” including “disputes involving The Walt Disney Company or its affiliates.”

Arbitration allows people to resolve their disputes without going to court and typically involves a neutral arbitrator who reviews arguments and evidence before making a binding decision or award.

Disney said Wednesday night it was “deeply saddened” by the family’s loss, but stressed that the Irish pub is not owned or operated by the company. The company’s position in the litigation does not affect the plaintiff’s claims against the restaurant, it added.

“We are simply defending ourselves against the plaintiff’s attorney’s attempt to include us in his lawsuit against the restaurant,” the company wrote in an emailed statement.

Raglan Road, the Irish pub at Disney Springs where Tangsuan dined, did not respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some of the outdoor dining, shopping and entertainment complex’s spaces to other companies.

Piccolo’s complaint, filed in February, claims that he, his wife and his mother decided to eat at Raglan Road on October 5, 2023 because Disney’s website advertised that it offered “allergen-free food.”

After repeatedly informing her server that she has a severe nut and dairy allergy, Tangsuan ordered the vegan doughnut, scallops, onion rings, and a vegan shepherd’s pie.

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

About 45 minutes after finishing his dinner, Tangsuan had trouble breathing while shopping, collapsed and eventually died at the hospital, despite self-administering an EpiPen during the allergic reaction, the lawsuit says.

A medical examiner’s investigation later determined she died from “anaphylaxis due to high levels of dairy and nuts in her system,” the lawsuit said.

A hearing on Disney’s motion has been set for Oct. 2 in Orlando County Court. Piccolo is seeking more than $50,000 in his lawsuit.