John Jefferson
Disney has claimed a husband cannot sue the company over his wife’s wrongful death because he signed up for a trial of the Disney+ streaming service.
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.
Dr Kanokporn Tangsuan had a serious allergy to nuts and dairy and ordered her meal after entrusting the waiter who “guaranteed” the food had no allergens. They also chose that particular restaurant due to its mentions of accommodating patrons with food allergies, the lawsuit filed in a Florida circuit court said.
They got confirmation that the food would be safe to eat numerous times. The lawsuit said: “When the waiter returned with [Tangsuan’s] food, some of the items did not have allergen-free flags in them and [Tangsuan] and [Piccolo] once again questioned the waiter who, once again, guaranteed the food being delivered to [Tangsuan] was allergen free.”
She later collapsed and died in hospital that day. According to the legal suit, her death was confirmed by a medical examiner “as a result of anaphylaxis due to elevated levels of dairy and nut in her system.”
The streaming giant is now arguing that the terms of use Mr Piccolo agreed to when creating his Disney account in 2019 means they have to settle any legal disputes with the company only via arbitration, meaning any dispute is overseen by a neutral third party and not a judge.
They say the man agreed to these 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 a similar language again when purchasing park tickets online in September 2023.
The lawyer representing the family has said this is “absurd” and “preposterous.” They say that Disney’s case “is based on the incredible argument that any person who signs up for an account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial”.
They also argue that Mr Piccolo agreed to their terms of use for himself, but he is now acting on behalf of his late wife, who never agreed to the terms.
Lawyer Brian Denney wrote in a filing: “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.”
Lawyers for Walt Disney Parks and Resorts have also emphasized that the Raglan Road pub is “an independently owned restaurant” and said that its relationship to Disney is that of “a landlord and tenant.”
The court has scheduled a hearing on Disney’s motion for 2 October.
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