In a Florida courtroom, Disney is seeking to dismiss a wrongful death lawsuit involving a New York doctor who suffered a fatal allergic reaction after dining at Raglan Road, an Irish pub located in Disney Springs. The lawsuit, brought forth by Jeffrey Piccolo, husband of Kanokporn Tangsuan, a specialist in family medicine, contends that Tangsuan’s death resulted from negligence on Disney’s part.
Disney’s defense hinges on a crucial argument: by subscribing to Disney’s streaming service Disney+, Piccolo had unwittingly agreed to resolve any disputes with the entertainment powerhouse through arbitration, effectively waiving his right to sue Disney in court. Disney’s motion points to the binding arbitration clause detailed in the terms of service, which Piccolo acknowledged when he signed up for a one-month trial in 2019. The first page of the Subscriber Agreement clearly indicates 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.”
Not only did he agree to these terms when subscribing to Disney+ but Disney alleges he also acknowledged similar conditions while creating an account on Disney’s website and app before embarking on the trip to the Disney Springs theme park.
Piccolo’s attorney, Brian Denney, fiercely contested Disney’s claim. He argued that it is “absurd” to suggest that over 150 million Disney+ subscribers have indefinitely waived their rights to bring suits against any Disney entity, no matter the nature of the dispute. Describing Disney’s stance as shockingly unreasonable and unfair, Denney urged the court not to enforce such an agreement.
Disney, in its subsequent filings, maintained that whether or not Piccolo reviewed these service terms is inconsequential, emphasizing that the arbitration clause applies to all disputes, covering The Walt Disney Company and its affiliates. Arbitration typically involves a neutral arbitrator who assesses arguments and evidence to deliver a binding decision.
While expressing sorrow over the family’s loss, Disney clarified that Raglan Road, where the incident occurred, is neither owned nor operated by the company. Disney’s position in the ongoing litigation, they argued, does not impact the claims against the Irish pub.
The tragic incident unfolded on October 5, 2023, when Tangsuan, along with her husband and mother-in-law, dined at Raglan Road, selected for its purported “allergen free” food as advertised by Disney. After repeatedly informing their server of her severe nut and dairy allergies, Tangsuan ordered several dishes, assured by the waiter that the food was allergen-free. Nonetheless, after consuming the meal, she experienced a severe allergic reaction. Despite administering an EpiPen, Tangsuan collapsed while shopping and was later pronounced dead at the hospital. A medical examiner’s investigation attributed her death to anaphylaxis caused by elevated dairy and nut levels found in her system.
An October 2 hearing has been scheduled in Orlando county court to deliberate Disney’s motion. Piccolo is seeking over $50,000 in damages through his lawsuit.
