Lawyer hits back as Disney says husband can't sue for wife's death because he had a Disney+ account

A lawyer whose cousin died of an allergic reaction at a restaurant in Disney Springs has spoken out in support of her husband, who is pursuing a wrongful death lawsuit against Disney.

Jeffrey J. Piccolo visited Disney Springs at the Walt Disney World Resort in Orlando, Florida, with his wife Dr. Kanokporn Tangsuan, who died there on 5 October, 2023 after eating at the Raglan Road Irish Pub.

According to an autopsy report, Dr Tangsuan died of a serious allergic reaction after eating at the restaurant.

Piccolo then launched a $50,000 lawsuit against the restaurants owners and Walt Disney Parks and Resorts for wrongful death.

Since then, lawyers representing Disney have argued that since Piccolo agreed to Disney's terms and conditions when he got a free Disney+ subscription in 2019 and bought tickets to Epcot in 2023, meaning he will have to take the matter to arbitration instead of a trial.

Jeffrey J. Piccolo and his wife Dr. Kanokporn Tangsuan, who died of an allergic reaction after eating at a restaurant in Disney Springs. (Facebook/ Jeffrey Piccolo)

According to court documents, their lawyers said: “The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’."

According to Disney, when you agree to their Ts and Cs, you agree that 'all disputes' you might have with them are subject to a binding arbitration clause.

A spokesperson for Disney said to LADbible: "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."

Disney's position is that Piccolo can still pursue arbitration instead of a jury trial, and that their position on the matter doesn't affect the wrongful death claims he has made against the Raglan Road Irish Pub.

Now, Peter Giattino, an attorney and cousin to Dr Tangsuan, told CBS that Disney's response was 'shocking' and 'absurd'.

Peter Giattino is a cousin to the late Dr Kanokporn Tangsuan, and has criticised the idea that the case might go to arbitration. (CBS)

He said: "She was stolen from him, and now in effect what Disney's doing is trying to steal his day in court. That's a fundamental right that we all have.

"This would create just a horrific and horrible precedent, if you open up your phone and look at all the services and things you subscribe to."

Piccolo's legal representatives have said it is 'preposterous', 'inane' and 'borders on the surreal' that the case might go from trial to arbitration.

They said that Disney's case is 'based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial'.

The widower's representatives also argue that when Piccolo making those agreements he was representing himself, whereas now he is representing his late wife's estate.