The Walt Disney Company (NYSE: DIS) is playing strange legal games in a wrongful death lawsuit by trying to have it dismissed and sent to arbitration because the widower signed up for a Disney+ account several years ago.
Jeffery J. Piccolo sued Disney Parks and Resorts in February after his wife, Dr. Kanokporn Tangsuan, died after eating food containing allergens at Raglan Road Irish Pub and Restaurant at Disney World in October.
They inquired if Tangsuan’s allergies could be accommodated and the server assured them they would be. They weren’t. Instead, Tangsuan had a severe allergic reaction and died at a local hospital.
In May, Disney filed court documents arguing that the USD$50,000 lawsuit should be dismissed and resolved through individual arbitration. This was based on terms Piccolo agreed to when he signed up for a free trial of Disney+.
The filing also states that he accepted the same terms when purchasing tickets through the Walt Disney Parks website. The company’s lawyers emphasized that users must select checkboxes linked to the terms of use, along with another box indicating their agreement to the terms.
Additionally, the filing included a copy of Disney’s terms and conditions. In a section titled “Disney Terms of Use,” it states 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 lawyers labelled Disney’s claims “surreal” on Thursday, and added that Walt Disney Parks and Resorts is trying to bar its 150 million Disney+ subscribers from potentially prosecuting a wrongful death case against it in front of jury, even if the facts don’t involve Disney+.
Cancelled service before free trial was complete
“We are deeply saddened by the family’s loss and understand their grief,” according to a spokesperson for Disney.
“Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
Disney also added that arbitration is commonly recognized as quicker and less costly than litigation.
Earlier this month, Piccolo’s lawyers filed a response, criticizing Disney’s reasoning for seeking a dismissal as “preposterous.” They argued that Piccolo signed up for the Disney+ account on his PlayStation but believe he cancelled it during the free trial.
“There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death,” the attorneys said.
They further argued that agreeing to terms when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute is outrageously unreasonable and unfair. His lawyers urged the court not to enforce arbitration.
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Multiple inquiries into safety of food ignored
In his complaint, Piccolo said that they informed the server at Raglan Road about Tangsuan’s severe allergies. The server assured the family that the food would be prepared allergy-free.
The family ordered their meals and asked about the food again when the dishes arrived without “allergen-free flags.” The server reassured them once more that the food was safe. It wasn’t.
Not long after eating, Tangsuan began having trouble breathing, entered a nearby restaurant, and collapsed.
The complaint states that she was experiencing a “severe acute allergic reaction to the food served at Raglan.” Tangsuan used her EpiPen to try to stop the reaction while a bystander called 911. The complaint notes that her husband, who had returned to their hotel room, was unaware of the situation.
When Piccolo called his wife’s cellphone, a bystander answered and informed him that she had been taken to the hospital. Upon his arrival, he was told she had died.
According to the complaint, a medical examiner’s autopsy report indicated that Tangsuan died from anaphylaxis and had elevated levels of nut and dairy in her system. Her death was ruled an accident.
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