Disney seeks to dismiss wrongful death lawsuit because the victim was a Disney+ subscriber
Disney has drawn upon its Disney+ terms and conditions in a bid to dismiss Dr Kanokporn Tangsuan's husband's wrongful death lawsuit
Disney has issued a 'preposterous' response to a lawsuit filed against the company after a doctor passed away following eating at a Disney Springs restaurant.
On October 5, 2023, Dr Kanokporn Tangsuan passed away shortly after eating at a restaurant in Disney Springs shopping complex in Lake Buena Vista, Florida.
The 42-year-old family medicine specialist - who worked at New York University's Langone Hospital Long Island - was visiting the Walt Disney World Resort with her husband, Jeffrey Piccolo, and his mother. The trio dined at the Raglan Road Irish Pub and Restaurant for dinner - which is run by Irish partners John Cooke and Paul Nolan not Disney.
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A lawsuit filed by Piccolo claims Tangsuan told employees of the restaurant of her dairy and nuts allergies and repeatedly checked items on the menu were safe. The server consulting with the chef and repeatedly reassuring them the food would 'unequivocally' be allergen free - even when some items arrived without allergen flags on.
Around 45 minutes after consuming the meal, Tangsuan had an allergic reaction and collapsed while shopping in Planet Hollywood. Her EpiPen was administered, 911 was called and she was taken to hospital, but sadly she passed away - her cause of death ruled as a severe allergic reaction (anaphylaxis) and accidental.
Piccolo's lawsuit names both the restaurant and the Walt Disney Company alleging Tangsuan's death was 'totally preventable' and could have been avoided had 'Disney's Raglan Road follow[ed] proper protocols'. It accuses Disney of having 'failed to educate, train and/or instruct its employees [to] make sure food indicated as allergen free or requested to be made allergen free, was in fact free of allergens' and that Disney had 'control over the menu of food offered, the hiring and/or training of the wait staff, and the policies and procedures as it pertains to food allergies at Disney Springs restaurants,' demanding $50,000 in damages.
And Disney has since responded.
Disney has 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, BBC reports.
Why? Well, in signing up for a one-month trial of the streaming service or purchasing Disney tickets, there's certain conditions you're required to agree to.
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.
Disney's motion for dismissal has been branded 'preposterous' by Piccolo's attorneys who accused it of having 'buried' the agreement in the terms and conditions.
In a court filing dated August 2, West Palm Beach attorney Brian Denney wrote: "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."
A spokesperson for Disney told UNILAD: "We are deeply saddened by the family’s loss and understand their grief. Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant."
UNILAD has contacted Raglan Road Irish Pub and Restaurant for comment.
If you have experienced a bereavement and would like to speak with someone in confidence, contact The Compassionate Friends on (877) 969-0010.
Topics: Disney, Disney Plus, Film and TV, Health, US News
Poppy Bilderbeck