Disney Faces Criticism Over Arbitration Argument in Wrongful Death Lawsuit
ICARO Media Group
In an ongoing legal battle, Disney is facing criticism for attempting to use a widower's Disney+ subscription as a basis for arbitration in a wrongful death lawsuit. The lawsuit was filed by Jeffrey Piccolo following the tragic death of his wife, Kanokporn "Amy" Tangsuan, who suffered a fatal allergic reaction after dining at a Disney Springs restaurant.
Piccolo's legal team, led by attorney Brian Denney, has labeled Disney's argument as "fatally flawed" and described it as bordering on the absurd. According to Piccolo's legal team, there is no provision in the Disney+ subscriber agreement that would suggest Piccolo agreed to arbitrate disputes related to injuries sustained by his wife at a Disney theme park or resort where she passed away.
Disney's argument revolves around Piccolo's use of their streaming platform, Disney+, and his purchase of tickets to Epcot through the My Disney Experience app. The company asserts that by agreeing to these services, Piccolo agreed to arbitration rather than pursuing legal action. However, Piccolo's legal team argues that any agreement made during his sign-up for Disney+ is strictly between Piccolo and Disney+ and does not involve Walt Disney Parks and Resorts.
Additionally, Piccolo's team points out that the My Disney Experience app does not include an arbitration provision, rendering it irrelevant to Piccolo's case. Piccolo filed the lawsuit in February, alleging that the restaurant staff at Raglan Road Irish Pub and Restaurant failed to adequately address his wife's severe nut and dairy allergies during their meal.
Tangsuan, 42, who was a physician at NYU Langone hospital, repeatedly informed restaurant staff about her allergies when ordering scallops, onion rings, broccoli, and corn fritters. However, after leaving the establishment, she experienced difficulty breathing and collapsed. Despite immediate administration of an EpiPen, she was unable to be saved and died due to anaphylaxis - a severe allergic reaction.
As of Wednesday, Disney had not yet responded to a request for comment regarding Piccolo's lawsuit and their argument for arbitration based on his Disney+ subscription and ticket purchases through the My Disney Experience app. The case continues to unfold in Orange County, Florida, court as Piccolo seeks justice for his wife's untimely passing.