Disney representatives defended the company’s legal strategy in dismissing a lawsuit filed by a widower over the death of his wife over the terms and conditions he agreed to when signing up for the Disney+ streaming service several years ago.
Jeffrey Piccolo filed a wrongful death lawsuit against Walt Disney World and Resorts earlier this year, after his wife, Dr. Kanokporn Tangsuwan, died in October 2023 after eating at Raglan Road Irish Pub at the resort near Orlando, Florida.
The lawsuit against Disney and the restaurant alleges that her death was the result of an allergic reaction and that the medical examiner determined her cause of death was anaphylaxis due to high levels of dairy and nuts in her system. Piccolo claims that he and his wife questioned the server at the restaurant several times when they were dining and that the server assured them that the order would be free of allergens.
Piccolo says the waitstaff was negligent, and is suing Disney for more than $50,000 in damages, according to the complaint.
Although the lawsuit is still ongoing, a recent response filed by Disney’s lawyers made headlines this week after the company’s lawyers claimed the case should be dismissed and settled out of court because Piccolo agreed to the company’s terms of use — which state that users agree to settle any disputes with the company out of court through arbitration — when he signed up for a one-month free trial of Disney+ in 2019, and again in 2023, when he purchased Disney theme park tickets using his Disney+ account.
Disney says its terms of use include an arbitration provision that applies to “all disputes” including those involving “The Walt Disney Company or its affiliates” and that Walt Disney Parks and Resorts is a subsidiary of The Walt Disney Company.
In a statement to the Guardian on Thursday, a Disney spokesperson defended the company’s legal strategy, saying:
“We are deeply saddened by the family’s loss and understand their grief. Since this restaurant is not owned or operated by Disney, we are only defending ourselves against the plaintiff’s attorney’s attempt to include us in his lawsuit against the restaurant.”
Piccolo Lawyers I called She called Disney’s argument for dismissal “surreal,” adding: “In fact, Walt Disney Parks and Resorts is explicitly seeking to prevent its 150 million Disney+ subscribers from suing a wrongful death lawsuit against it before a jury even if the facts of the case have nothing to do with Disney+.”
A hearing is scheduled for October 2, 2024 at 10 a.m.
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