Disney Argues Wrongful Death Lawsuit Should Be Tossed Due To Victim's Disney+ Free Trial Subscription
It looks like Disney is digging out the fine print in an effort to have their recent lawsuit tossed.
Kanokporn Tangsuan, a doctor at New York University's Langone Heath hospital in Manhattan, died unexpectedly shortly after dining at a Disney Springs restaurant last year. She reportedly died due to her severe allergy to nuts — which the victim brought to the establishment's attention.
A 19-page lawsuit accuses Walt Disney Parks and Resorts of negligence. Her husband, Jeffrey J. Piccolo, is seeking in excess of $50,000 citing wrongful death on behalf of his wife in the suit filed on February 22 in Orange County, Florida, per the 'Associated Press.'
According to the lawsuit, Tangsuan, her husband Piccolo, and his mother sat to have dinner at Raglan Road Irish Pub on October 5, 2023. The couple questioned the waiter about items on the menu, prompting the server to ask the chef "whether certain foods could be made allergen free." The waiter was informed she required "allergen free food."
The couple allegedly confirmed with the waiter several more times to be absolutely sure before ordering a fritter, scallops, and onion rings, per the suit, which detailed that the waiter "guaranteed" the food was allergy-free.
45 minutes after they enjoyed a "guaranteed, allergy-free" meal, Tangsuan had trouble breathing. She self-administered her EpiPen, but it would not prevent her visit to the hospital. The 42-year-old was pronounced dead at the hospital.
Disney is now pulling out their fine print, arguing that the lawsuit should be thrown out because Piccolo agreed to settle any lawsuit against Disney out of court through the arbitration process when he signed up for a one-month trial Disney+ in 2019.
"The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause," the company wrote in its motion, per the 'Associated Press.' "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.' "
Piccolo's lawyer, Brian Denney, isn't buying the argument, claiming that it was "absurd" to believe that hundreds of millions of Disney+ subscribers wave their rights to sue their company and its affiliates.
"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," Denney penned in the filing August 2.
Per the media outlet, the Walt Disney mega corporation claimed Wednesday that they were "deeply saddened" by the family's loss, however stressed that the Irish Pub in question is not owned, nor is it operated by the media conglomerate.
A hearing is scheduled for October 2.
