Have you agreed that subscribing to Disney’s popular streaming service means never suing the entertainment giant for anything?
That’s what Disney is arguing in a wrongful-death lawsuit involving a 42-year-old New York doctor whose family says he suffered a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.
Disney is asking a Florida court to dismiss a lawsuit filed against it by Jeffrey Piccolo, husband of Kanokporn Tangsuan, a family medicine specialist at NYU Langone’s Carl Place office on Long Island.
The company argues that Piccolo agreed to settle any lawsuits against Disney out of court when it signed on to Disney+’s month-long trial in 2019.
“The terms of use provided with the subscriber agreement include a binding arbitration clause,” the company wrote in its motion. “The first page of the Subscriber Agreement states, in all capital letters, ‘Any dispute between you and us, except for small claims, shall be subject to a class action waiver and shall be resolved by private binding arbitration.'”
Disney also notes in its response that Piccolo agreed to a similar arbitration arrangement when he created an account on Disney’s website and app prior to the ill-fated theme park visit.
But Piccolo’s lawyer argued in a response filed earlier this month that it is “ridiculous” to believe that Disney+’s more than 150 million subscribers have permanently waived all rights to sue the company and its affiliates. To do with the popular streaming service.
“The notion that the terms agreed to by a consumer when creating a Disney+ free trial account would forever bar a consumer’s right to a jury trial in any dispute with a Disney affiliate or subsidiary is so outrageously unfair and unreasonable that it shocks the judicial conscience. This court should not enforce such an agreement,” Piccolo’s attorney Brian Denny wrote in an Aug. 2 filing.
Disney, in its May 31 filing, argued that it was “immaterial” whether Piccolo actually reviewed the terms of service. It also noted that the arbitration provision covers “all disputes,” including disputes involving The Walt Disney Company or its subsidiaries.
Arbitration allows people to resolve disputes without going to court and usually involves a neutral arbitrator who reviews arguments and evidence before making a binding decision.
Disney said late Wednesday it was “deeply saddened” by the family’s loss, but insisted the Irish pub was not owned or operated by the company. The company’s position in the case will not affect the plaintiff’s claims against the restaurant, it added.
“We are defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” the company wrote in an emailed statement.
The Irish Pub on Raglan Road, Disney Springs, where Tangchuan dined, did not respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some space in the outdoor dining, shopping and entertainment complex to other companies.
Piccolo’s lawsuit, filed in February, alleges that he, his wife and her mother decided to eat at Raglan Road on Oct. 5, 2023, because Disney’s website said it had “allergen-free food.”
After repeatedly informing their server that he has severe allergies to nuts and dairy, Tangchuan ordered vegetarian fries, scallops, onion rings and a vegetarian shepherd’s pie.
The employee later “guaranteed” that the food was allergen-free, even though some items were not served with “allergen-free flags.”
According to the lawsuit, about 45 minutes after finishing dinner, Tangchuan had trouble breathing while shopping, collapsed and eventually died at the hospital.
An autopsy conducted by the medical examiner determined that “she died of anaphylaxis due to an increase in the amount of dairy products and nuts in her system.”
A hearing on Disney’s petition is scheduled for Oct. 2 in county court in Orlando. Piccolo is seeking more than $50,000 in his lawsuit.
