Disney is pointing to the fine print of its streaming service terms in an attempt to avoid court in a lawsuit over a woman’s fatal allergic reaction. The entertainment giant’s move is “outrageously unreasonable,” contend attorneys for the husband of the woman.
Dr. Kanokporn (Amy) Tangsuan, a New York physician, died of a severe allergic reaction on October 5, 2023. The 42-year-old was allergic to dairy and nuts. Her husband Jeffrey Piccolo launched a wrongful death lawsuit on her behalf in February 2024 that names Walt Disney Parks and Resorts as one of three defendants.
The lawsuit says Tangsuan’s anaphylactic reaction was brought on by food she ate at the Raglan Road Irish pub in the Disney Springs shopping and dining complex. The lawsuit, filed in February 2024, accuses Raglan Road and its owner The Great Irish Pubs, Inc., as well as Disney Parks and Resorts, of negligence.
However, Disney argues that Piccolo forfeited his rights to a jury trial when he signed up for a Disney+ trial subscription years earlier, according to a motion filed in late May 2024. Piccolo’s attorneys confirm their client signed up for a free trial in 2019 on his PlayStation console. [Update: Disney has dropped this motion to stop the lawsuit. Newer article is here.]
The terms and conditions of the streaming service mandate that all disputes with the company would be decided through arbitration, Disney’s motion states. Disney says Piccolo agreed to similar terms when he purchased tickets online to the Epcot theme park in 2023.
“Piccolo ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’ against ‘The Walt Disney Company or its affiliates,’” Disney’s motion states.
The company seeks arbitration and a halt to litigation in Piccolo’s wrongful death case. The lawsuit seeks damages in excess of $50,000.
Disney+ Terms Argument Slammed
Disney’s argument “borders on the surreal,” Piccolo’s lawyers write in their 123-page response, filed in August 2024. They ask the Circuit Court of Florida in Orange County to reject Disney’s demand for arbitration instead of a trial. A hearing on Disney’s motion is scheduled for October 2, 2024.
The attorneys slam Disney’s “incredible argument” that anyone who signs up for a Disney+ account “will have forever waived the right to a jury trial.” Their response says that Disney “is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury.”
Florida-based firm Searcy Denney Scarola Barnhart & Shipley, which is representing Piccolo in the lawsuit, declined to comment at this time.
Disney has faced a barrage of headlines for its argument that ticking a checkbox for Disney+ terms means agreeing never to sue the entertainment giant. Disney did not respond to Allergic Living’s request for comment. But its press department told the Associated Press that its position doesn’t affect claims Piccolo may have against the pub and its owner.
Disney stressed to AP in an email that it doesn’t own or operate Raglan Road. “We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” the company told AP.
Doctor’s Pub Meal Turns Tragic
Piccolo’s lawsuit alleges that the couple from Long Island, New York communicated about Tangsuan’s severe allergies at Raglan Road. They asked questions about ingredients of menu items, and told their server multiple times about Tangsuan’s allergies to dairy and nuts.
The lawsuit says the server consulted with the chef and assured the couple that Tangsuan’s meal would be prepared free of her allergens. When the couple questioned why some dishes were missing allergen-free flags, the complaint says they were reassured that Tangsuan’s meal was free of nuts and dairy.
Tangsuan, an NYU Langone hospital physician, was visiting the pub with her husband and her mother-in-law, Jackie Piccolo. She and Jackie Piccolo went out into the Disney Springs shopping complex after dinner, splitting up to head into separate shops.
About 45 minutes after her meal and while shopping, Tangsuan began experiencing an anaphylactic reaction. When she entered Planet Hollywood, she was having difficulty breathing and self-administered her epinephrine auto-injector. The lawsuit says she collapsed shortly afterward.
A bystander called 911 for emergency help. Someone answering Tangsuan’s phone said she had been taken to the hospital. Piccolo and his mother raced to the hospital, where they were informed that Tangsuan had died.
Tangsuan and her husband chose the Irish restaurant “because they believed Disney would have proper safeguards to protect patrons” with allergies, the lawsuit states.
It alleges that Disney has a responsibility for the food allergy practices of Raglan Road. Disney owns the Disney Springs complex, including the building where the restaurant is located.
Related Reading:
NYC Doctor Dies of Severe Allergic Reaction at Disney
College Epi Law Honors Student Who Died in Tragedy
Gwen Smith: Common Errors When Dining with Food Allergies
