Disney to Move Dead Doctor’s Husband’s Lawsuit to Arbitration

Disney wants to dismiss the widower’s wrongful death lawsuit and send it to arbitration, citing the incontrovertible fact that he accepted the organization’s rules several years ago when he activated his Disney+ account.

According to NBC News, Jeffrey J. Piccolo has filed a lawsuit against Disney Parks and Resorts in February after death of his wife, Dr. Kanokporn Tangsuan.

Tangsuan died after eating food containing dairy allergens at a Disney World restaurant.

According to the grievance, Piccolo, his wife and mother were dining on the Raglan Road Irish Pub and Restaurant in Orlando, Florida, on October 5. They repeatedly asked about the potential of accommodating Tangsuan’s severe allergies, but despite the waiter’s assurances, the doctor suffered a severe allergic response and died at a neighborhood hospital.

In May, Disney filed a motion with the court arguing that the $50,000 lawsuit must be dismissed and sent to arbitration based on the terms Piccolo agreed to when he signed up for a free Disney+ trial and purchased tickets on the Walt Disney Parks website. The company says users must check boxes to accept the terms of use before continuing, and it even distributes a duplicate of those terms.

The Terms include a bit stating that “all disputes between you and us, except for small claims, are subject to a class action waiver and must be resolved by individual binding arbitration.”

Piccolo’s attorneys filed a response earlier this month, calling Disney’s argument to overturn the ruling “absurd.” They said he arrange a Disney+ account on his PlayStation but believes he canceled it throughout the free trial period, NBC News reported.

“We are deeply saddened by the family’s loss and understand their grief,” a Disney spokesperson told NBC News. “Given that this restaurant is neither owned nor operated by Disney, we are simply defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”