WTF?! Corporate indifference is mind-boggling sometimes. In 2023, a woman died after eating at a Disney-owned restaurant. Her husband is suing on her behalf for wrongful death, asking for a mere $50,000. Instead of quickly and quietly settling the sad case for the paltry sum, Disney is asking the judge to throw the suit out because the husband agreed to resolve disputes through arbitration when he signed up for a Disney+ trial subscription in 2019.
In a controversial legal maneuver, Disney is attempting to convince a judge to dismiss a wrongful death lawsuit, arguing that the plaintiff agreed to resolve any disputes through arbitration years earlier when signing up for the Disney+ streaming service. The Washington Post notes that the lawsuit, filed by Jeffrey Piccolo, claims that his wife, Kanokporn Tangsuan, suffered a fatal allergic reaction after dining at a Disney Springs restaurant in Florida in October 2023.
Tangsuan, a 42-year-old physician from New York University's Langone Hospital, passed away shortly after eating at Raglan Road Irish Pub and Restaurant. Tangsuan had severe nut and dairy allergies and had repeatedly informed the wait staff about her condition before ordering her meal. Despite these precautions, she experienced a severe allergic reaction, known as anaphylaxis, shortly after leaving the restaurant and tragically died at a nearby hospital despite receiving immediate medical attention.
Piccolo, who filed the wrongful death suit as the personal representative of his wife's estate, is seeking around $50,000 in damages. His claim includes compensation for mental pain and suffering, loss of income, and funeral expenses. For perspective, Medium reported that Disney World's average daily revenue in 2023 was between $40 million and $50 million US. So Disney World makes about 1,000 times what Piccolo is asking for in a single day. However, Disney is pushing back, arguing that the case should be removed from the courts and handled through arbitration.
In a motion filed on May 31 in Orange County, Florida's Ninth Judicial Circuit Court, Disney contended that Piccolo had agreed to arbitrate all disputes with the company when he signed up for a one-month trial of Disney+ in 2019. The company further argued that similar arbitration language was agreed upon when Piccolo used the "My Disney Experience" app to purchase tickets to Epcot in September 2023, just a month before the incident.
Piccolo's attorneys have vehemently opposed Disney's motion, calling it "preposterous" and "outrageously unreasonable." In a response filed on August 2, they argued that the arbitration agreement from a Disney+ trial account should not bar Piccolo from pursuing a jury trial in a wrongful death case. They also emphasized that the suit was filed on behalf of Tangsuan's estate, not Piccolo personally, further challenging the relevance of the arbitration agreement.
As the legal battle unfolds, both sides await a decision from the court on whether the case will proceed to trial or be diverted to arbitration.
Image credit: Quack Attack
Disney seeks to dismiss wrongful death case over streaming service's trial TOS
