A man who filed a $50,000 lawsuit against Disney over the death of his wife is accused of not being able to do so because he signed up for a free trial of Disney+ in 2019.
Earlier this year, Jeffrey J. Piccolo filed a lawsuit against Walt Disney Parks and Resorts following the death of his wife, Dr. Kanokporn Tangsuan.
She died on October 5, 2023, of a severe allergic reaction after eating at the Raglan Road Irish Pub in Disney Springs.
The lawsuit alleges that the couple were told they could receive allergen-free menus upon request, but Dr. Tangsuan died of anaphylactic shock that same evening.
Disney wants to dismiss the wrongful death lawsuit on the grounds that Piccolo agreed to the terms and conditions for a free trial of Disney+, which state that the matter must be settled out of court.
In a statement, Disney said: “We are deeply saddened by the family’s loss and understand their grief.”
“Because 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 his lawsuit against the restaurant.”
Jeffrey J. Piccolo and his wife Dr. Kanokporn Tangsuan, who died of an allergic reaction after eating at a restaurant in Disney Springs. (Facebook/ Jeffrey Piccolo)
They also said that their “position has no bearing on any wrongful death claims or other claims Plaintiff may have against the restaurant.”
They added that Raglan Road is an “independently owned and operated restaurant in Disney Springs” and that Disney’s connection to the venue is that of “landlord and tenant.”
According to court documents, Disney’s legal representatives have requested that the case be resolved through arbitration rather than in court.
They argued that because Piccolo signed up for a free trial of Disney+ on a Playstation in 2019 and purchased tickets to Epcot in 2023, he agreed to Disney’s terms and conditions, which state that he cannot sue the company.
The court documents state: “The first page of the Subscriber Agreement states in all capital letters that ‘any dispute between you and us, except for small claims, is subject to a class action waiver and must be resolved by individual binding arbitration.'”
The couple had eaten at Raglan Road and asked if they could get their food allergen-free. (Instagram/@raglanroadpub)
So what does this mean?
When you sign up for a service like Disney+, you must agree to terms and conditions, which state that “any dispute” you have with “the Walt Disney Company or its affiliates” will be subject to binding arbitration.
By signing up for a free trial of Disney+ in 2019 (court records show Piccolo canceled his free trial before he was charged) and purchasing tickets to Epcot in 2023 (which his representatives say were never used), he agreed to some terms and conditions.
However, Piccolo’s legal representatives called these arguments “absurd” and “silly,” and argued that Disney’s attempts to have the case decided through arbitration “border on the surreal.”
They said Disney’s case was based on the incredible argument that any person who signs up for a Disney+ account, even for free trials that do not extend beyond the trial period, forever waives the right to a jury trial.
Piccolo’s representatives also argue that he represented himself when he signed up for a free trial of Disney+ and purchased Epcot tickets, while he is now acting on behalf of his late wife as he represents her estate.
