Disney Seeking Dismissal of Death Lawsuit Because Victim Was Disney+ Subscriber
hubie writes:
According to Newsday, Disney has asked a Florida court to dismiss the wrongful death lawsuit filed by Jeffrey Piccolo, husband of Kanokporn Tangsuan, a doctor at NYU Langone in New York City, who passed away after eating a meal at Raglan Road Irish Pub in Disney Springs in October 2023.
Tangsuan had a severe dairy and nut allergy and informed the waitstaff at the restaurant of her dietary needs, and was "unequivocally assured" they could be accommodated. She ordered and ate the "Sure I'm Frittered" vegetarian broccoli and corn fritters, the "Scallop Forest" sea scallops appetizer, the "This Shepherd Went Vegan" entree, and a side of onion rings.
[...] In the latest update for the Disney Springs wrongful death lawsuit, Disney cited legal language within the terms and conditions for Disney+, which "requires users to arbitrate all disputes with the company." Disney claims Piccolo reportedly agreed to this in 2019 when signing up for a one-month free trial of the streaming service on his PlayStation console.
In the May 31 motion filed to move the wrongful death lawsuit to arbitration, Disney attorneys said that the Disney+ subscriber agreement states that any dispute, except for small claims, "must be resolved by individual binding arbitration." Disney says that similar language was agreed to by Piccolo when he used the My Disney Experience app to purchase tickets to visit EPCOT at Walt Disney World in September 2023. Tangsuan died before she and Piccolo could use the tickets.
[...] Attorneys for Piccolo called Disney's latest motion "preposterous," and that it's "'absurd' to believe that the 153 million subscribers to the popular streaming service have waived all claims against the company and its affiliates because of language 'buried' within the terms and conditions," according to Newsday.
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