Disney is attempting to throw out lawsuit over Dr. Kanokporn Tangsuan's deadly allergic reaction, which occurred after dining at a Disney Springs restaurant. Disney claims Piccolo agreed to arbitration when signing up for Disney+ in 2019, waiving his right to a jury trial.
Piccolo's lawsuit alleges Disney's negligence led to his wife's fatal allergic reaction. Disney argues the Disney+ subscriber agreement requires individual binding arbitration for disputes, excluding small claims.
Piccolo's attorneys call Disney's motion "preposterous" and "outrageously unreasonable." Disney claims Piccolo consented to arbitration language when using the "My Disney Experience" app for Epcot tickets.
Piccolo's lawsuit accuses Disney and restaurant staff of negligence, citing his wife's repeated warnings about severe nut and dairy allergies. Piccolo's lawyers argue Disney's argument is "fatally flawed" and unreasonable.
Dr. Tangsuan, 42, died from anaphylaxis after dining at Raglan Road Irish Pub and Restaurant. She had informed wait staff about her allergies when ordering. Despite receiving an EpiPen, she died at a local hospital.
Piccolo seeks over $50,000 in damages, including mental pain, lost income, and funeral expenses. Disney and Piccolo's attorneys were contacted for comment.
Disney's motion to dismiss the lawsuit is based on the arbitration agreement in the Disney+ subscriber contract. Piccolo's lawyers argue this agreement does not apply to the wrongful death lawsuit.
The lawsuit alleges Disney and restaurant staff failed to accommodate Dr. Tangsuan's food allergies, leading to her death. Piccolo's lawyers claim Disney's argument is an attempt to avoid accountability.
(Input from various sources)
(Rehash/Vaishnavi Dalvi/MSM)
