Disney releases update on case that stopped man suing for wife’s death due to Disney+ subscription
Joe Yates
Featured Image Credit: Facebook/Jeffrey Piccolo/Getty/SOPA Images
Disney has done a u-turn on its handling of a widower's lawsuit whose wife died while dining at a restaurant on one of its resorts.
Last year, on October 5, Dr Kanokporn Tangsuan began having 'severe difficulty breathing' 45 minutes after eating at the Raglan Road Irish Pub and Restaurant in Disney Springs shopping complex in Lake Buena Vista, Florida. She passed away in hospital shortly afterwards
The 42-year-old family medicine specialist, who worked at New York University's Langone Hospital in Long Island, suffered an anaphylactic shock while walking around Planet Hollywood shortly after leaving the diner - which should be noted that it is run by Irish partners John Cooke and Paul Nolan, not Disney.
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Her EpiPen was administered, 911 was called and she was hospital where she was pronounced dead.
But how on Earth can a streaming platform prevent you from taking your case to a judge?
Well, Disney had initially called on the court to dismiss the wrongful-death lawsuit referencing Piccolo's prior Disney+ membership for one month in 2019, alongside his purchasing of tickets to Disney theme park Epcot in 2023, the BBC reported.
It turns out by signing up for the one-month trial, or purchasing Disney tickets, there's small print involved.
In relation to the Disney+ subscription, Piccolo reportedly agreed to the terms of their 'Subscriber Agreement' listed in section seven.
The agreement states users must resolve any disputes through arbitration opposed to litigation - this means via a voluntary process involving a neutral third party opposed to a formal court process where a judge or jury decides the case.
However, that stance has been thrown out by the chair of Disney Experiences Josh D’Amaro.
He issued the following statement to CNN: “At Disney, we strive to put humanity above all other considerations.
"With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.
“As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
It comes just a week after Piccolo's lawyer slammed the company's argument as 'preposterous', adding that it was 'so outrageously unreasonable and unfair as to shock the judicial conscience'.
Piccolo, who ate at the restaurant alongside Tangsuan and her mom, is seeking in excess of $50,000 in damages as part of Florida's Wrongful Death Act - as well as compensation for his suffering, through loss of income, medical and funeral expenses, and more.