Update in case after Disney said man couldn’t sue for his wife’s death because he had Disney+ account
There has been a surprise development in the lawsuit a widower waged against Disney over his wife's death after she dined at one of their restaurants.
Jeffrey J Piccolo launched a legal battle seeking to claim $50,000 in damages after his partner, Dr Kanokporn Tangsuan, sadly died when she suffered an allergic reaction - but Disney tried to dismiss it.
The conglomerate claimed that when the US man had signed up for an account on its streaming service, Disney+, in 2019, he had agreed to terms and conditions which stated any disputes must be settled out of court.
Dr Tangsuan, who worked at New York University's Langone Hospital Long Island, passed away shortly after eating at the Raglan Road Irish Pub and Restaurant at Disney Springs on 5 October, 2023.
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Her husband's wrongful death lawsuit alleges that they repeatedly asked staff whether the menu items they had ordered were allergen-free and that staff at the eatery reassured them it was safe for the 42-year-old medic to eat.
Tragically, Dr Tangsuan died later that night.
Her death was ruled as accidental and the cause was listed to be as a result of a severe allergic reaction (anaphylaxis).
But after Piccolo filed his claim, Disney's legal representatives filed a motion for the case not to go to court and instead be sorted out by arbitration, court documents explain.
They argued that since Piccolo signed up to a free trial of Disney+ on a Playstation in 2019 and in 2023 bought tickets to Epcot, he agreed to the Disney terms and conditions, which state he agrees he can't take the company to court.
They wrote in court documents: “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’."
As you can imagine, this prompted a fair deal of backlash from shocked Disney+ subscribers who had no idea about what was in the small print - while Piccolo's lawyer slammed the response as 'preposterous' and 'inane'.
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'.
Piccolo's representatives also argue that when he was signing up to a free trial for Disney+ and buying Epcot tickets he was representing himself, whereas now he is acting on behalf of his deceased wife since he represents her estate.
But now, Disney has announced it is performing a dramatic U-turn on its decision and announced that it will waive its right to arbitration, so that a court can instead decide on the wrongful death lawsuit.
The corporation shared various statements with media outlets explaining that they decided to relent on their position due to the 'unique circumstances' of the case.
The chairman of Disney Experiences, Josh D’Amaro, told CNN: "At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.
"As such, we’ve decided to waive our right to arbitration and have the matter proceed in court."
Piccolo is seeking at least $50,000 in damages as well as additional compensation for pain and suffering, loss of companionship, and financial expenses related to the loss, court documents explain.
Topics: US News, Disney, Disney Plus, Health, Food And Drink, Business
Olivia Burke