Disney claimed that a husband cannot sue the company over his wife’s unnatural death because he signed up for the Disney+ streaming service trial.
Jeffrey Piccolo is suing the entertainment giant for $50,000 (£38,900) after his wife died from a severe allergic reaction after eating at a restaurant in Disney Springs, Florida, in October 2023.
Court documents allege that Tangsuan, a physician at NYU Langone Hospital, suffered a fatal allergic reaction after eating at a Disney Springs restaurant.
She ate at the Raglan Road Irish Pub & Restaurant in October with her husband and mother-in-law, Jackie Piccolo, and court documents allege she told staff about her severe allergies to nuts and dairy several times, who reassured her they could make some of the food allergen-free.
They were assured the food would be safe to eat multiple times, the lawsuit states: “When the waiter returned with [Tangsuan’s] Food, some items did not have allergen-free labels. [Tangsuan] and [Piccolo] He asked again the waiter who again ensured that the food would be delivered to [Tangsuan] “It was free of allergens.”
Shortly after finishing their meals, Piccolo returned to his hotel room while his wife and mother went shopping.
After splitting up to go to different stores in hopes of meeting up later, Tangsuan collapsed on the store floor struggling to breathe, about 45 minutes after eating.
She had been receiving an Epi-Pen injection before being taken to the hospital, but tragically died. According to the lawsuit, the medical examiner ruled her death “as a result of anaphylaxis due to the high levels of dairy and nuts in her system.”
The streaming giant now says the terms of use Piccolo agreed to when he created his Disney account in 2019 mean they must settle any legal disputes with the company only through arbitration, meaning any dispute is overseen by a neutral third party and not a judge.
The company says the man agreed to those terms when he activated a one-month free trial on the Walt Disney World app five years ago. Disney also says Mr. Piccolo agreed to similar language again when he purchased park tickets online in September 2023.
The family’s attorney called it “ridiculous” and “ludicrous.” He says Disney’s case “is based on the astonishing argument that anyone who signs up for an account, even for free trials that do not extend beyond the trial period, is forever waiving the right to a jury trial.”
They also claim that Mr. Piccolo agreed to their terms of use on his own behalf, but is now acting on behalf of his late wife, who never agreed to the terms.
“The idea that the terms a consumer agreed to when creating a free trial account for Disney+ would forever bar that consumer’s right to a jury trial in any dispute with any Disney subsidiary or affiliate is so preposterous and unfair as to shock the judicial conscience,” attorney Brian Denney wrote in a filing.
Walt Disney Parks and Resorts attorneys also asserted that the Raglan Road Tavern is an “independently owned restaurant” and said its relationship with Disney is that of “landlord and tenant.”
“We are deeply saddened by the family’s loss and understand their grief,” a Disney spokesperson said. the people.
“Because this restaurant is not owned or operated by Disney, we are only defending ourselves against the plaintiff’s attorney’s attempt to include us in his lawsuit against the restaurant.”
The court set a hearing on Disney’s request for October 2.
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