Lawsuit can proceed: Disney drops Disney+ maneuver in wrongful death case

The wrongful death lawsuit may be going to court now that the Walt Disney Company has backed off the legal maneuver that cited a clause in the Disney+ terms and conditions that would have protected the company from being sued in court.

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Disney said that the husband of a woman who died after eating at a restaurant on Walt Disney World property had to take his wrongful death lawsuit into arbitration because he had agreed to the terms of the streaming service when he did a service trial in 2019.

Jeffery Piccolo said his wife Kanokporn Tangsuan had a deadly allergic reaction after she ate at Raglan Road at Disney Springs. The restaurant is not owned or operated by the corporation but is on the park property.

Piccolo said he, his wife and his mother decided to eat at the restaurant on Oct. 5, 2023, because the eatery’s webpage on the Walt Disney World website said that it had “allergen free food.” He said his family told the server that his wife had a severe nut and dairy allergy, but was assured that some foods could be made allergen-free, CNN reported.

Disney+ defense: Disney says wrongful death suit should be thrown out because of streaming agreement

Tangsuan ordered the vegan fritter, scallops, onion rings and a vegan shepherd’s pie, The Associated Press reported.

When the food came out, some of the dishes did not have “allergy-free flags” Piccolo said, but the server said they were safe, he said in the lawsuit.

Tangsuan had difficulty breathing about 45 minutes after dinner while she was shopping. She collapsed and despite self-administering an EpiPen, died at a nearby hospital.

Legal filings showed that Tangsuan had elevated levels of nut and dairy in her system, Reuters reported.

Initially, Disney argued that it was not liable because it is only the landlord to the pub’s business and it does not control the company’s operations or management, Reuters reported.

Then, Disney recently said that because Piccolo signed up for a Disney+ free trial in 2019 and that in the terms and conditions that he accepted, he cannot sue for his wife’s death. He agreed to settle lawsuits against the company via arbitration instead of court when he indicated that he read the agreement.

“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,” Disney said in a request to dismiss the case earlier this month. “The first page of the Subscriber Agreement states, in all capital letters, 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’.”

The Terms of Use specify “all disputes” including “disputes involving The Walt Disney Company or its affiliates.”

Disney said that Piccolo also agreed to a similar provision when he created an account with Disney for the parks’ website and app before the trip. He had purchased tickets for EPCOT on the website in 2023, USA Today reported.

But on Monday, the Chairman of Disney Experiences, Josh D’Amaro, sent a statement to CNN , saying that the company will waive the right to arbitration.

“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” D’Amaro said, adding, “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”

Piccolo is suing Disney for more than $50,000 for his wife’s death. He is also asking for damages for mental pain and suffering, loss of companionship and protection, loss of income, and medical and funeral expenses, CNN reported.