Disney Seeks Dismissal and Out-of-Court Settlement for Wrongful Death Lawsuit

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ICARO Media Group
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18/08/2024 21h30

In a bid to resolve a wrongful death lawsuit, Disney has sought to block the case from proceeding in court and instead settle the matter out of court. The entertainment giant references the terms and conditions agreed upon by the plaintiff, Jeffrey Piccolo, when he signed up for Disney+ as grounds for dismissal. Piccolo had filed a $50,000 lawsuit claiming that his wife, Dr. Kanokporn Tangsuan, died from an allergic reaction at the Raglan Road Irish Pub in Walt Disney World Resort in October 2023.

According to Deadline, Disney's attorneys have recently filed a request for dismissal, proposing an alternative route of settling the matter through arbitration. In their filing, Disney points out that when Piccolo signed up for a free 30-day trial of Disney+ in 2019 and subsequently purchased tickets to Walt Disney World Resort in 2023 through his Disney+ account, he agreed to the platform's terms of service, which includes a clause for arbitration to resolve any disputes with the Walt Disney Company.

Expressing condolences, an attorney representing Disney stated, "We are deeply saddened by the family's loss and understand their grief. 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."

The lawsuit, filed against both Disney and the restaurant, alleges that Dr. Tangsuan's death resulted from anaphylaxis triggered by heightened levels of dairy and nut allergens in her system. Piccolo claims that he and his wife repeatedly questioned the restaurant's waiter about allergenic ingredients and were assured that their order would be free from any potential allergens. The lawsuit was filed on behalf of Tangsuan's estate.

In response to Disney's request for dismissal, Piccolo's legal team filed a motion on August 2nd, categorizing Disney's argument as "preposterous" and "fatally flawed." A hearing for the case has been scheduled for October 2nd.

As both parties prepare for the forthcoming hearing, all eyes will be on the court's decision regarding whether Disney can successfully have the case dismissed and subsequently resolved through arbitration.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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