Megacorporation Disney has filed a motion to dismiss a wrongful death lawsuit, arguing that the victim’s husband’s past Disney+ subscription relieved the company of all liability.
In October, Kanokporn Tangsuan suffered a tragic death after dining at a Disney Springs restaurant in Florida. Tangsuan, 42, told the staff at the Raglan Road Irish Pub and Restaurant that she had nut and dairy allergies when she ordered onion rings, broccoli, and corn fritters. However, upon leaving the restaurant, she had trouble breathing and collapsed. Though she received an EpiPen on site, she died at a local hospital.
Tangsuan’s husband, Jeffrey Piccolo, filed a wrongful death suit against Disney, seeking $50,000 in damages under Florida’s wrongful death act. However, Disney filed a motion to dismiss the lawsuit, arguing that Piccolo “agreed to arbitrate all disputes with the company when he first signed up for a one-month trial of the Disney+ streaming service back in 2019, court documents charge.” Per the New York Post:
In the May 31 motion filed in Orange County, Fla. circuit court, Disney argued that the Disney+ subscriber agreement Piccolo signed years earlier on his PlayStation called for any dispute — with the exception of small claims — to be “resolved by individual binding arbitration.”
The company added that Piccolo agreed to similar language when he then used the “My Disney Experience” app to buy tickets to visit the Epcot theme park in September last year — a month before the ill-fated trip.
Disney has argued that both agreements required Piccolo to consent to the arbitration language before purchasing, the court filings claim.
Piccolo’s lawyers called the claim “preposterous” and “fatally flawed.”
“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 lawyers wrote.
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