Disney representatives have spoken out following the revelation that the company is seeking to have a wrongful death case dismissed because a grieving husband had signed up for a Disney+ membership years before the incident.
Kanokporn Tangsuan's widower, Jeffrey Piccolo, is suing Disney, claiming that she had a fatal allergic reaction shortly after eating at the Raglan Road Irish Pub at the Walt Disney World Resort near Orlando, Florida, last October. The case has been in Florida federal circuit court since February.
According to the lawsuit, physician Tangsuan informed the waiter serving her, Piccolo, and her mother-in-law that she was severely allergic to nuts and dairy, and sought confirmation that a range of items from the menu were free of allergens. Per the suit, despite assurances that the food ordered was allergen-free, Tangsuan experienced a severe allergic reaction to the food and later died.
Months after the lawsuit was filed, Disney recently claimed that it should be removed from the court because Piccolo agreed to arbitration of all disputes with Disney when he signed up for a one-month trial of the Disney+ streaming service in 2019. Disney states in court documents that Disney+ terms and conditions say all disputes must go to binding, third-party arbitration and not to court.
Disney's court briefing states that Piccolo "ignores that he previously created a Disney account and agreed to arbitrate all disputes" against Disney. It states that Piccolo should have read the terms and conditions of his Disney+ account, through which he purchased tickets to Disney World.
Representatives of Disney have since released a statement on the matter, saying that they are "merely defending" themselves amid the litigation.
"We are deeply saddened by the family's loss and understand their grief," the statement, released on Wednesday, 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."
Disney World Parks and Resorts U.S. and Great Irish Pubs Florida have been hit with a lawsuit seeking $50,000 pursuant to Florida's wrongful death act. The entities are also being sued for mental pain and suffering, loss of income and medical and funeral expenses. It was noted in the lawsuit that Disney and the restaurant advertise that they accommodate those who have food allergies.
Disney has been accused in the lawsuit of failing to "educate, train and/or instruct its employees" to ensure "food indicated as allergen free or requested to be made allergen free, was in fact free of allergens."
Newsweek has contacted Disney World, Piccolo's attorney, and Great Irish Pubs Florida via email on Tuesday for comment.
In pursuing arbitration, Disney's court briefing states: "In November 2019, Piccolo initially created a Disney account through the Disney+ website. Piccolo completed the registration webform by providing personal information, including his email address, and created a password.
"Before registering the account, Piccolo had to select 'Agree & Continue.' Immediately above was a disclosure notifying Piccolo that '[b]y clicking Agree & Continue, you agree to our Subscriber Agreement.' Piccolo then selected 'Agree and Continue.'
"The term 'Subscriber Agreement' was underlined in blue font and provided a hyperlink directly to the document. Piccolo also agreed to the Disney Terms of Use. Piccolo could not have created a Disney account without doing so."
Attorneys for Tangsuan's estate replied in court documents on August 2 that Disney's arguments are "incredible" as any Disney+ subscriber "will have forever waived the right to a jury trial enjoyed by them and any future Estate to which they are associated."
"As can be seen from the prior sentence, this argument borders on the surreal," the estate's lawyers claim in their response.
Disney first filed its motion to compel arbitration on May 31 and has continued with that line of argument.
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