Disney has requested a court in Florida to dismiss a wrongful death lawsuit brought by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a 42-year-old doctor who died from an allergic reaction after eating at an Irish pub in Disney Springs in October 2023.
Disney argues that Piccolo agreed to settle any lawsuits against the company through arbitration when he signed up for a Disney+ trial in 2019.
The lawsuit claims that Tangsuan died due to an allergic reaction to a dish at Raglan Road, an Irish pub in Disney Springs. The pub is not owned or operated by Disney, but the company is being sued as the owner of Disney Springs.
Disney argues that Piccolo agreed to a binding arbitration clause when he created a Disney account and signed up for the Disney+ trial. The clause states that any disputes between Piccolo and Disney must be resolved through individual binding arbitration.
However, Piccolo’s lawyer, Brian Denney, argues that it is “absurd” to believe that Disney+ subscribers have waived all rights to sue the company and its affiliates in perpetuity. Denney claims that the arbitration provision is unfair and should not be enforced.
The court has scheduled an October 2 hearing on Disney’s motion to dismiss the lawsuit. Piccolo seeks more than $50,000 in damages.
This case raises questions about the validity of arbitration clauses in consumer agreements and whether they can be used to dismiss lawsuits unrelated to the service or product provided. The outcome of this case may have implications for consumers and companies alike.
