Multinational entertainment conglomerate Disney is trying to get a wrongful death suit thrown out of court and moved to arbitration by citing that the grieving husband had waived his ability to file suit due to signing up for the Disney+ streaming service years ago.
The husband’s suit alleges his New York University Lagone Hospital doctor wife had suffered an allergic reaction while eating at a Disney Springs restaurant in Florida last year, resulting in her death.
Disney Meal
In October 2023, Jeffrey Piccolo, his mother, and his wife Kanokporn Tangsuan visited Raglan Road Irish Pub and Restaurant at Disney World in Florida where they ordered fried vegetarian dishes.
According to court documents, the pair repeatedly questioned a server at the restaurant about ensuring their meal was allergen-free free and staff assured them that it was safe to eat.
Missing Flags
The lawsuit alleges that when the food arrived at their table, not all of it had allergen-free flags on them, which caused the family to question the waiter again.
“When the waiter returned with Kanokporn Tangsuan’s food, some of the items did not have allergen free flags in them and Kanokporn Tangsuan and Jeffrey Piccolo once again questioned the waiter who, once again, guaranteed the food being delivered to Kanokporn Tangsuan was allergen free,” said the lawsuit.
Falling Ill
However, soon after Tangsuan consumed the dish, she collapsed to the ground choking. Despite using an epinephrine autoinjector she was unable to recover.
911 was called to assist her, but she died later at the hospital that night. An autopsy report revealed that “very high” quantities of dairy and nuts were found in her system even though she was “unequivocally assured” the dish was safe.
Final Moments Alone
Piccolo attorney Brian Denney told Florida Politics that he is still haunted by the fact that his wife died alone in the hospital.
“She was an only child, so this has been devastating, really just for everybody,” Denney said. “She was just a kind, gentle, sweet person.”
Filing Suit
The grieving husband then decided to file a lawsuit against Disney, demanding at least $50,000 in compensation, and accused the staff at the restaurant and the Disney company of recklessness.
Piccolo filed what is called a wrongful-death lawsuit in Orange County Circuit Court in February of this year.
Allergies Top Priority
According to Piccolo’s suit, the Raglan Road restaurant specifically goes out of its way to advertise how accommodating it is to food allergies, which was one of the reasons the family chose to eat there.
“Raglan Road advertises and represents to the public that food allergies and/or the accommodation of persons with food allergies is a top priority and that patrons/guests may consult with a chef or special diets trained Cast Member before placing an order, and at all times material, Plaintiff relied upon these representations in selecting Disney Springs/Raglan Road for dinner,” the suit said.
Autopsy Report
The lawsuit seeks an undetermined amount of damages that has to exceed $50,000 and alleges that Disney and the restaurant in question were a “direct and proximate” cause for negligent actions that led to Tansuan’s death.
An autopsy report obtained by Law&Crime determined that the death was an accident, and the “result of anaphylaxis.”
Can Never Happen Again
Attorney Denney asserted that the suit is not only important for the plaintiff and the loved ones affected, but also to ensure this event does not repeat.
“Jeff really wants to make sure that this never happens to anyone else,” attorney Brian Denney told Florida Politics. “It’s very important to him that people are aware that people with severe allergies like this should be taken seriously. And he doesn’t want this to happen to anybody else’s family.”
Arbitration Move
As the course of the lawsuit continued, Disney would file a motion to get the case thrown out of court and moved to arbitration, arguing that a 2019 Disney+ free trial the husband signed up for on his PlayStation console impacted his ability to file the suit.
According to a May 31 motion, anything with the exception of small claims against the company must be “resolved by individual binding arbitration.”
Additional Consent
Disney also argued that Piccolo agreed again to the arbitration condition when he used the “My Disney Experience” app to purchase tickets at the Epcot theme park in September, one month before his wife’s untimely death.
The company argues that both of the agreements that Piccolo signed required his consent, making the documents legally binding.
Fatally Flawed
However, Piccolo’s lawyers filed a motion on August 2 calling Disney’s argument “fatally flawed.”
“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,” the lawyers wrote.
