There is a surprising development in a widower’s legal battle against Disney over the death of his wife after dinner at one of the company’s restaurants.
Jeffrey J. Piccolo filed a lawsuit seeking $50,000 in damages after his partner, Dr. Kanokporn Tangsuan, died as a result of an allergic reaction, but Disney tried to dismiss the case.
The company claimed that when the American signed up for an account with its streaming service Disney+ in 2019, he agreed to terms and conditions that stated that any disputes must be settled out of court.
Dr. Tangsuan, who worked at New York University’s Langone Hospital Long Island, died shortly after a meal at the Raglan Road Irish Pub and Restaurant in Disney Springs on October 5, 2023.
Her husband’s wrongful death lawsuit states that they repeatedly asked staff if the menu items they ordered were allergen-free, and that restaurant staff assured them that it was safe for the 42-year-old physician to consume.
Tragically, Dr. Tangsuan died that same night.
Jeffrey J Piccolo filed a wrongful death lawsuit following the death of his beloved wife Dr. Kanokporn Tangsuan (Facebook/Jeffrey Piccolo)
Her death was ruled an accident and the cause of death was given as a severe allergic reaction (anaphylaxis).
But after Piccolo filed his lawsuit, Disney’s legal representatives filed a motion to have the case settled through arbitration instead of going to trial, court documents show.
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.'”
As you can imagine, this sparked a lot of backlash from shocked Disney+ subscribers who had no idea what was in the fine print – while Piccolo’s lawyer condemned the response as “absurd” and “silly.”
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.
Disney has now backtracked on its decision (Paul Hennessy/SOPA Images/LightRocket via Getty Images)
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.
But now Disney has announced a dramatic reversal in its decision, saying it will waive its right to arbitration so that a court can instead decide the wrongful death suit.
The company issued several statements to the media explaining that it had decided to back down from its stance due to the “unique circumstances” of the case.
Disney Experiences Chairman Josh D’Amaro told CNN: “At Disney, we are committed to putting humanity above all other considerations. Given such unique circumstances as this case, we believe this situation requires a sensitive approach to expedite a resolution for the family who has suffered such a painful loss.”
“For this reason, we have decided to waive our right to arbitration and to litigate the matter in court.”
Piccolo is seeking at least $50,000 in damages, plus additional compensation for pain and suffering, loss of companionship and financial expenses related to the loss, court documents show.
