KUALA LUMPUR, Aug 14 — Disney is seeking to have a wrongful death lawsuit, filed by the husband of a New York University doctor, dismissed, arguing that the case should be thrown out because the husband had previously subscribed to Disney+ years ago, according to court documents.
New York Post reported that Jeffrey Piccolo is suing Disney, alleging that his wife, Kanokporn Tangsuan, experienced a deadly allergic reaction after dining at a Disney Springs restaurant in Florida last October.
Tangsuan, 42, died from anaphylaxis just hours after dinner at Raglan Road Irish Pub and Restaurant with her husband on October 5.
Piccolo has alleged that Disney and the staff at the restaurant were negligent, as his wife had consistently informed them of her severe nut and dairy allergies.
According to court documents, Disney is arguing that the US$50,000 (RM221,388) lawsuit should be dismissed from court because Piccolo agreed to arbitration for any disputes with the company when he initially signed up for a one-month Disney+ trial in 2019.
The Post reported that Piccolo’s attorneys have condemned Disney’s recent motion as “preposterous” and “outrageously unreasonable.”
In a motion filed on May 31 in Orange County, Florida circuit court, Disney contended that the Disney+ subscriber agreement Piccolo accepted years ago on his PlayStation required any disputes — except those involving small claims — to be “resolved by individual binding arbitration.”
The company further noted that Piccolo agreed to similar terms when he used the “My Disney Experience” app to purchase tickets for a visit to the Epcot theme park in September of the previous year, a month before the incident.
Disney has argued that both agreements required Piccolo to agree to the arbitration terms before making any purchases, according to court filings.
In response, the Post said that Piccolo’s attorneys have contended in a motion filed on August 2 that Disney’s argument is “fatally flawed”.
They argue that the idea that terms agreed to when creating a Disney+ free trial account could indefinitely prevent a consumer from seeking a jury trial against any Disney affiliate or subsidiary is “outrageously unreasonable and unfair,” and thus should not be enforced by the court.
The attorneys also emphasised that Piccolo is pursuing the wrongful death lawsuit as the “personal representative of the estate of Kanokporn Tangsuan”, not on his own behalf.
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