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Does signing up for Disney\u2019s popular streaming service mean you have agreed to never sue the entertainment giant over anything forever?<\/p>\n
That is what Disney<\/a> argues in a\u00a0wrongful death lawsuit<\/a>\u00a0involving a 42-year-old New York doctor whose family claims had a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.<\/p>\n Disney is asking a Florida court to dismiss a lawsuit brought against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist with NYU Langone\u2019s office in Carle Place, on Long Island.<\/p>\n The company argues Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.<\/p>\n \u201cThe Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,\u201d the company wrote in its motion. \u201cThe first page of the Subscriber Agreement states, in all capital letters, that \u2018any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration\u2019.\u201d<\/p>\n Disney also notes in its response that Piccolo agreed to a similar arbitration provision when he created an account on Disney\u2019s website and app ahead of the ill-fated theme park visit.<\/p>\n But Piccolo\u2019s lawyer, in a response filed earlier this month, argued that it was \u201cabsurd\u201d to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity \u2014 even if their case has nothing to do with the popular streaming service.<\/p>\n \u201cThe notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer\u2019s 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,\u201d Brian Denney, Piccolo\u2019s attorney, wrote in the Aug. 2 filing.<\/p>\n Disney, in its May 31 filing, argued that whether Piccolo actually reviewed the service terms is \u201cimmaterial.\u201d It also noted the arbitration provision \u201ccovers \u2018all disputes\u2019 including \u2018disputes involving The Walt Disney Company or its affiliates\u2019.\u201d<\/p>\n Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision, or award.<\/p>\n Disney said late Wednesday that it is \u201cdeeply saddened\u201d by the family\u2019s loss but stressed the Irish pub is neither owned nor operated by the company. The company\u2019s stance in the litigation doesn\u2019t affect the plaintiff\u2019s claims against the eatery, it added.<\/p>\n \u201cWe are merely defending ourselves against the plaintiff\u2019s attorney\u2019s attempt to include us in their lawsuit against the restaurant,\u201d the company wrote in an emailed statement.<\/p>\n Raglan Road, the Irish pub in Disney Springs where Tangsuan dined, didn\u2019t respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some of the spaces in the outdoor dining, shopping and entertainment complex to other companies.<\/p>\n Piccolo\u2019s lawsuit, which was filed in February, claims that he, his wife and his mother decided to eat at Raglan Road on Oct. 5, 2023 because it was billed on Disney\u2019s website as having \u201callergen free food.\u201d<\/p>\n After informing their server numerous times that she had a severe allergy to nuts and dairy products, Tangsuan ordered the vegan fritter, scallops, onion rings and a vegan shepherd\u2019s pie.<\/p>\n The waiter then \u201cguaranteed\u201d that the food was allergen-free even though some of the items were not served with \u201callergen free flags,\u201d the lawsuit states.<\/p>\n About 45 minutes after finishing their dinner, Tangsuan had difficulty breathing while out shopping, collapsed and eventually died at the hospital, despite self-administering an EpiPen during the allergic reaction, according to the lawsuit.<\/p>\n A medical examiner\u2019s investigation determined later she died as a result of \u201canaphylaxis due to elevated levels of dairy and nut in her system,\u201d the lawsuit said.<\/p>\n An Oct. 2 hearing has been scheduled on Disney\u2019s motion in county court in Orlando. Piccolo seeks more than $50,000 in his lawsuit.<\/p>\n<\/div>\nRecommended Newsletter: <\/strong>CEO Daily provides key context for the news leaders need to know from across the world of business. Every weekday morning, more than 125,000 readers trust CEO Daily for insights about\u2013and from inside\u2013the C-suite. Subscribe Now<\/a>.<\/div>\n