Disney Files Motion to Dismiss Wrongful Death Case, Citing Disney+ Subscriber Agreement – One America News Network
OAN Staff Blake Wolf
12:51 PM – Wednesday, August 14, 2024
Disney is attempting to get a wrongful death lawsuit thrown out due to a clause in the Disney+ streaming service subscription the plaintiff agreed to when signing up.
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Kanokporn Tangsuan, a New York University Doctor, passed away after allegedly suffering from an allergic reaction following a meal at a Raglan Road Irish Pub and Restaurant in Disney Springs.
Tangsuan’s husband, Jeffery Piccolo is filing the $50,000 suit against Disney, in which Disney argues should be thrown out since Piccolo agreed to terms when signing up for Disney’s streaming service which includes a “binding arbitration clause,” according to court records.
The lawsuit states that the couple chose the restaurant due to Disney’s supposed commitment to safely serve guests with allergies.
“Raglan Road advertises and represents to the public that food allergies and/or the accommodation of persons with food allergies is a top priority and that patrons/guests may consult with a chef or special diet trained cast member before placing an order, and at all times material, plaintiff relied upon these representation in selecting Disney Springs/Raglan Road for dinner,” the lawsuit states.
“Tangsuan and Piccolo questioned the waiter about various items on the menu to confirm whether they had allergens in them or not,” the suit continues.
Following the dinner, Tangsuan began having an allergic reaction which led to her having difficulty breathing and collapsing to the floor.
Tangsuan was then rushed to the hospital where she was later pronounced dead from “anaphylaxis due to elevated levels of diary and nut in her system,” the suit stated.
Piccolo’s lawyers have dismissed Disney’s response as “preposterous” and “outrageously unreasonable.”
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement,” wrote Piccolo’s lawyers.
The “Subscriber Agreement” Section 7 titled “Binding Arbitration and Class Action Waiver,” is the agreement clause Disney is making the case for.
“[The section] applies to ‘all disputes’ including those involving ‘The Walt Disney Company or its affiliates.’ Walt Disney Parks and Resorts is an affiliate of The Walt Disney Company,” Disney stated.
Piccolo is seeking an excess of $50,000 from the company for mental pain and suffering, as well as funeral expenses, medical expenses and loss of income.
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