Disney Asks Court to Dismiss Wrongful Death Case, Cites Streaming Terms
Disney's lawyers are seeking to have the case settled out of court.
Disney is seeking to block a wrongful death lawsuit, citing the terms and conditions agreed to by the plaintiff when they signed up for Disney+ in their request for dismissal. According to Deadline, attorneys for Disney have filed requesting that Jeffrey Piccolo's $50,000 case be dismissed and instead settled out of court. Piccolo filed the suit claiming that his wife, Dr. Kanokporn Tangsuan, died from an allergic reaction at Florida's Walt Disney World Resort's Raglan Road Irish Pub in October 2023.
According to Disney's filing, when Piccolo signed up for a free, 30-day trial of Disney+ in 2019 as well as when he purchased tickets to Walt Disney World in 2023 via his Disney+ account, Piccolo agreed to Disney+'s terms of service. Included in the terms of service is language that requires all disputes with the Walt Disney Company be settled via arbitration.
"We are deeply saddened by the family's loss and understand their grief," an attorney from Disney's attorney read. "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 against both Disney and the restaurant alleges that Dr. Tangsuan died from anaphylaxis due to an allergic reaction caused by elevated levels of dairy and nut in her system. Piccolo alleges that both he and his wife questioned the waiter at the restaurant numerous times and were assured that their order would be allergen free. The lawsuit was brought on behalf of Tangsuan's estate.
Piccolo's attorneys responded to Disney's filing in a motion on August 2nd, claiming that Disney's argument is both "preposterous" and "fatally flawed". A hearing on the case is scheduled for October 2nd.
"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 motion reads.
"In effect, Walt Disney Parks and Resorts is explicitly seeking to bar 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to do with Disney+"
