Disney is standing behind its legal strategy on Wednesday after the company’s lawyers invoked the terms of use of Disney+ and the theme park app to fight a Lawsuit for wrongful death of a widower.
Jeffrey Piccolo sued Disney and the Raglan Road Pub and Irish Restaurant after his wife died last year from a severe food allergy following their meal at the Disney Springs restaurant.
Disney argues in court documents Piccolo’s wrongful death lawsuit should be stayed and referred to arbitration because Piccolo signed up for a Disney+ streaming account and used the My Disney Experience app to purchase theme park tickets. According to Disney’s terms of service, users agree that cases should be referred to arbitration, which would deprive Piccolo of the jury trial he requested.
“We are deeply saddened by the family’s loss and understand their grief,” Disney said Wednesday in a statement, the first time the company commented on the situation. “Because 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 his lawsuit against the restaurant.”
In court documents, Disney’s lawyers also stated: “Further litigation would only incur unnecessary costs and be a waste of legal resources.”
Piccolo’s lawyer Brian Denney has since described Disney’s argument as “absurd” and “preposterous.”
“In fact, Walt Disney Parks and Resorts is specifically seeking to prevent its 150 million Disney+ subscribers from ever pursuing a wrongful death case against the company before a jury, even if the facts of the case have nothing to do with Disney+,” He wrote in court documents this month.
A hearing is scheduled for October 2 in Orange Circuit Court.
The story, uncovered by Florida Politics, is gaining national attention this week. New York Times To TMZ.
Kanokporn Tangsuan42, had repeatedly checked with Raglan Road to make sure her food was safe despite her extreme allergies to dairy and nuts, the lawsuit says. She collapsed shortly after dinner at a Disney Springs store. By that time, she had already separated from her husband and mother-in-law. Tangsuan died alone in the hospital, which haunts her husband, Piccolo’s attorney had said.
The medical examiner’s office said her death on October 5 was an accident and ruled the cause of death as anaphylaxis, according to the Autopsy report obtained by Florida Politics through a public records request.
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