Last year, after a doctor tragically passed away from an allergic reaction at a Disney World restaurant, Disney attempted to have the wrongful death lawsuit filed by her widower dismissed by citing the fine print from a Disney+ trial he had signed up for years earlier. The entertainment giant initially urged a Florida circuit court to move the case to arbitration, based on the terms and conditions of the streaming service that Jeffrey Piccolo had agreed to when he signed up in 2019.

Piccolo is representing the estate of his late wife, Kanokporn Tangsuan, a doctor at NYU Langone hospital in New York, who died from an allergic reaction while visiting the Florida resort in October. Despite their initial stance, Disney has now decided not to pursue arbitration and will allow the case to proceed in court.

 

Josh D’Amaro, chairman of Disney Experiences, stated, “At Disney, we strive to put humanity above all other considerations. Given the unique circumstances of this case, we believe that a sensitive approach is necessary to expedite a resolution for the family who have suffered such a painful loss.”

Disney is currently in the process of formally withdrawing its request for arbitration with the court.

The tragic incident occurred on the night of October 5, when Piccolo, his wife Tangsuan, and his mother went to dinner at Raglan Road Irish Pub, a restaurant located within Disney Springs, a shopping and dining complex. Tangsuan, who was “highly allergic” to dairy and nuts, chose this restaurant partly because of its assurances about accommodating guests with food allergies, according to the lawsuit.

 

The lawsuit details how the family repeatedly discussed Tangsuan’s allergies with their waiter, inquiring about the safety of specific menu items, having the server confirm with the chef that the food could be made allergen-free, and asking for confirmation multiple times. Despite these precautions, when the waiter brought Tangsuan’s food, some items did not have allergen-free flags, leading the family to question the waiter again, who reassured them that the food was safe.

 

After the meal, the family went their separate ways, with Piccolo taking leftovers back to their room while Tangsuan and her mother went shopping. About 45 minutes later, Tangsuan began experiencing severe difficulty breathing and collapsed. She self-administered an epi-pen, and a bystander called 911. Piccolo and his mother, who had been trying to reach her by phone, were eventually informed that she had been rushed to the hospital, where they later learned she had died.

The medical examiner determined that Tangsuan’s cause of death was anaphylaxis due to elevated levels of dairy and nuts in her system, according to the lawsuit.

 

In February, Piccolo filed a lawsuit against Raglan Road Irish Pub and Walt Disney Parks and Resorts U.S. Inc., accusing both companies of negligence for improperly preparing Tangsuan’s food and failing to adequately train their staff to ensure the food was allergen-free as requested. He is seeking over $50,000 in damages and a jury trial.

Disney initially argued that the case should be handled out of court because Piccolo had created a Disney+ streaming account. In late May, Disney’s lawyers filed a motion asking the court to compel Piccolo to resolve the case through arbitration, arguing that this method is typically more efficient and cost-effective than litigation. They based this argument on a clause in the terms and conditions Piccolo agreed to when he signed up for a Disney+ trial in 2019, which stated that any disputes must be resolved through individual binding arbitration.

Disney also noted that Piccolo agreed to similar terms when purchasing park tickets online in September 2023. Whether he read the fine print or not, they argued, was irrelevant.

 

Piccolo’s lawyers, similar to a Pensacola wrongful death attorney, strongly opposed Disney’s argument, calling it “preposterous” and “fatally flawed.” They argued that there was no reasonable interpretation of the Disney+ Subscriber Agreement that would suggest Piccolo agreed to arbitrate claims arising from his wife’s death at a Disney-owned restaurant. They also pointed out that Piccolo believes he canceled his Disney+ subscription during the trial period, as he found no charges related to it afterward.

Furthermore, Piccolo’s lawyers argued that Disney’s attempt to force arbitration would unfairly deprive Tangsuan’s estate of its right to a jury trial. They also noted that Piccolo did not file the lawsuit as an individual but on behalf of his wife’s estate, which had not agreed to any such terms since it did not exist when the Disney+ account was created.

The lawyers added that Disney’s argument could have far-reaching implications, potentially barring millions of Disney+ subscribers from ever bringing wrongful death cases against the company in front of a jury, even if the cases had nothing to do with Disney+. 

Both sides are set to present their arguments before a judge, with a hearing on Disney’s motion scheduled for October 2.