By Philip Marcelo – The Detroit News
New York — Does signing up for Disney’s popular streaming service mean you have agreed to never sue the entertainment giant over anything forever?
That is what Disney argues in a wrongful death lawsuit involving a 42-year-old New York doctor whose family claims had a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.
Disney is asking a Florida court to dismiss a lawsuit brought against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist with NYU Langone’s office in Carle Place, on Long Island.
The company argues Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.
“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,” the company wrote in its motion. “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’.”
Disney also notes in its response that Piccolo agreed to a similar arbitration provision when he created an account on Disney’s website and app ahead of the ill-fated theme park visit.
But Piccolo’s lawyer, in a response filed earlier this month, argued that it was “absurd” to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity — even if their case has nothing to do with the popular streaming service.
“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,” Brian Denney, Piccolo’s attorney, wrote in the Aug. 2 filing.
Disney, in its May 31 filing, argued that whether Piccolo actually reviewed the service terms is “immaterial.” It also noted the arbitration provision “covers ‘all disputes’ including ‘disputes involving The Walt Disney Company or its affiliates’.”
Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision, or award.
Disney said late Wednesday that it is “deeply saddened” by the family’s loss but stressed the Irish pub is neither owned nor operated by the company. The company’s stance in the litigation doesn’t affect the plaintiff’s claims against the eatery, it added.
“We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” the company wrote in an emailed statement.
Raglan Road, the Irish pub in Disney Springs where Tangsuan dined, didn’t respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some of the spaces in the outdoor dining, shopping and entertainment complex to other companies.
Piccolo’s lawsuit, which was filed in February, claims that he, his wife and his mother decided to eat at Raglan Road on Oct. 5, 2023 because it was billed on Disney’s website as having “allergen free food.”
After informing their server numerous times that she had a severe allergy to nuts and dairy products, Tangsuan ordered the vegan fritter, scallops, onion rings and a vegan shepherd’s pie.
The waiter then “guaranteed” that the food was allergen-free even though some of the items were not served with “allergen free flags,” the lawsuit states.
About 45 minutes after finishing their dinner, Tangsuan had difficulty breathing while out shopping, collapsed and eventually died at the hospital, despite self-administering an EpiPen during the allergic reaction, according to the lawsuit.
A medical examiner’s investigation determined later she died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.
An Oct. 2 hearing has been scheduled on Disney’s motion in county court in Orlando. Piccolo seeks more than $50,000 in his lawsuit.