Disney has made a surprising U-turn in a legal battle with a man who filed a wrongful death lawsuit after his wife died from a severe allergic reaction following a meal at Disney World in Florida. Jeffrey Piccolo’s wife, Dr. Kanokporn Tangsuan, tragically passed away in 2023, leading him to sue Disney and the restaurant owners.
Initially, Disney argued that the case should be resolved through arbitration due to a clause in the terms and conditions of its Disney+ streaming service, which Piccolo had briefly signed up for in 2019. However, after facing backlash, Disney has decided to allow the matter to proceed in court.
“We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” said Disney’s Josh D’Amaro in a statement to the BBC.
The lawsuit alleges that the restaurant did not take proper precautions for Tangsuan’s severe allergies to dairy and nuts, despite being informed about them. She tragically passed away later that day in the hospital.
Piccolo is seeking damages in excess of $50,000, in addition to other costs related to suffering, loss of income, and medical and legal expenses. Disney has argued that it had no control over the restaurant’s operations.
Legal experts have weighed in on the case, with some stating that Disney’s argument regarding the arbitration clause was “novel and potentially far-reaching.” Disney is now in the process of withdrawing its call for arbitration and will proceed with the court case.
The outcome of this legal battle could have significant implications for contract law and consumer rights, as Disney’s attempt to enforce arbitration based on terms from a free trial of Disney+ has raised eyebrows among legal professionals.
