Lawyers for Walt Disney World are attempting to dismiss a wrongful death lawsuit over claims that the husband of a woman who died as a result of an allergic reaction cannot sue the company because he signed up for a free trial of Disney+.
Jeffrey Piccolo filed a wrongful death suit against Disney in February, four months after his wife, Dr. Kanokporn Tangsuan, ate a meal a restaurant in Disney Springs that staff guaranteed was safe for her dairy and nut allergies.
Though the servers at Raglan Road Irish Pub “unequivocally assured” Tangsuan “that the food would be allergen free,” Piccolo’s lawsuit maintains Tangsuan experienced a fatal allergic reaction after consuming the meal.
Piccolo’s lawsuit against the restaurant and Florida’s Walt Disney Parks and Resorts is seeking damages exceeding US$50,000 (C$68,600).
In their legal rebuttal, Disney has claimed Piccolo cannot pursue a court hearing because he signed up for a trial of Disney+ years before his wife’s death.
According to Disney’s terms of use — which must be accepted when using Disney+ and when purchasing theme park tickets from the Walt Disney website — signees are agreeing to waive their rights to any potential class-action lawsuits or jury trials. The terms are also used when creating an ESPN+ account, which is owned by Disney.
According to Disney’s motion to stay, obtained by Global News, the company says Piccolo accepted a free Disney+ trial in 2019. He also accepted the terms when buying park tickets using the Disney website in 2023.
Piccolo did not extend the Disney+ trial into a paid contract and he did not use the park tickets, his lawyers wrote. They said Disney’s terms of use argument is “fatally flawed,” “borders on surreal” and is a misuse of contract law.
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Disney has insisted Piccolo must settle out of court via individual arbitration.
In an August response to Disney’s motion to stay his lawsuit, Piccolo argued he signed up for Disney+ individually, so the terms of use do not apply to his late wife. He also said the Disney Park tickets he purchased online were bought individually and without Tangsuan’s sign-off.
“There is not a single authority in Florida that would support such an inane argument,” Piccolo’s lawyers wrote of Disney’s motion to stay.
While at Raglan Road Irish Pub, Tangsuan repeatedly asked servers if her meal was allergen-free, the lawsuit claims. Even after the dishes — a vegetable fritter, scallops, a vegan shepherd’s pie and onion rings — arrived without allergen-free flags, Piccolo said staff “guaranteed” the food was safe.
About 45 minutes after the meal, Tangsuan collapsed in a nearby store and self-administered her EpiPen, a lifesaving medication used to decrease an allergic reaction. A witness called 911.
She was taken to hospital where she later died of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit states.
Piccolo’s lawyers maintain Raglan Road Irish Pub is advertised as a Disney World restaurant that can accommodate special allergies and related requests. Piccolo has argued staff at the pub were negligent and improperly trained on how to handle severe food allergies.
A spokesperson for Disney told NBC News, the company is “deeply saddened” by Tangsuan’s death but is ultimately not responsible.
“We are deeply saddened by the family’s loss and understand their grief,” the statement reads. “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.”
A hearing has been scheduled for October.
Tangsuan was a physician at NYU Langone Hospital. Her obituary says she was 42 years old.
There is no cure for food allergies. According to Food Allergy Canada, more than three million Canadians have self-reported having at least one food allergy.
One in two Canadian households are affected by a food allergy, the organization claims.
© 2024 Global News, a division of Corus Entertainment Inc.
