Disney Allows Wrongful Death Lawsuit to Go to Court…But Only After Public Outcry
By Movieguide® Contributor
After initially challenging its liability for a death in one of its parks, Disney has reversed course and announced it will allow the wrongful death lawsuit to go to court.
The lawsuit comes after a woman died from anaphylactic shock after consuming a dish at a Disney Springs Raglan Road restaurant that she was told was dairy- and nut-free — to which she had severe allergies. The dish, however, was not prepared with her allergy in mind, leading to her death. Her husband, Jeffrey Piccolo, is now suing the company.
Disney, however, initially planned on getting the case dismissed due to a fine-print arbitration clause the couple signed when accessing a free trial of Disney+ in 2019. This change in direction appears to be mainly from the backlash Disney has received since this case went public.
“In attempting to push the claim into a confidential setting on what were very tenuous grounds, it succeeded only in creating the very publicity and attention it likely wanted to avoid,” the lawyer working for the prosecution told BBC.
Disney, meanwhile, claims it changed course because it realized a situation like this deserves sensitivity.
“At Disney, we strive to put humanity above all other considerations,” said Disney Experiences Chairman Josh D’Amaro. “With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we’ve waived our right to arbitration and have the matter proceed in court.”
Piccolo is seeking $50,000 along with other damages related to suffering, loss of income and medical and legal costs.
“He also hopes these recent events have raised awareness of the millions of people of all ages and walks of life who suffer with food allergies,” his lawyers added.
Movieguide® previously reported:
A man is suing Disney after his wife died at Disney World, but the entertainment giant claims it isn’t liable because of Disney+ terms of service he agreed to years before.
Jeffrey J. Piccolo and his wife, Dr. Kanokporn Tangsuan, were eating at a restaurant in one of the parks in Orlando, Florida when Tangsuan went into anaphylaxis shock due to the food she consumed and tragically died.
Per NBC News, “Piccolo said in his complaint that he, his wife and his mother went to dinner at Raglan Road Irish Pub and Restaurant at the resort in Orlando, Florida, on Oct. 5. They asked several times whether Tangsuan’s allergies could be accommodated, according to the complaint. Despite the server’s having assured them, Tangsuan had a severe allergic reaction and died at a local hospital, the complaint said.”
While this seems like a legitimate reason to file a lawsuit, Disney claims that because Piccolo checked the boxes and hit “Agree & Continue” for terms for a Disney+ account in 2019, the lawsuit should be dismissed and handled by “individual arbitration.”
