Disney is attempting to have a lawsuit involving the death of a 42-year-old New York doctor thrown out because the man who filed it once signed up for Disney+.
Jeffrey Piccolo brought the wrongful death suit in February on behalf of his wife’s estate after she died from an allergic reaction at a restaurant in Disney World last October.
But Disney claims that because Piccolo signed up for a free trial of Disney+ in 2019, he agreed to bring all claims against the company through arbitration, not civil court, according to NPR. Disney also says he waived the right to a lawsuit when purchasing tickets to Disney World.
Piccolo’s lawyers slammed that logic in an Aug. 2 filing, calling the Disney argument “so outrageously unreasonable and unfair as to shock the judicial conscience,” People magazine reported.
Piccolo and his wife, Dr. Kanokporn Tangsuan of NYU Langone hospital, ate at Raglan Road Irish Pub in the Disney Springs shopping mall while visiting the Disney World Resort, according to the lawsuit.
The suit claims the two had extensive conversations with a waiter and managers at the restaurant over any potential allergens in the food, as Tangsuan was severely allergic to nuts and dairy.
However, about 45 minutes after finishing their meal, Tangsuan collapsed and died. A coroner ruled her cause of death was anaphylaxis due to elevated levels of dairy and nuts in her system.
But Disney claims it shouldn’t bear any responsibility for her death because when signing up for a free trial of Disney+ — which he later canceled — Piccolo agreed to terms of service that required him to arbitrate any claim against the company.
In addition to arguing such a claim is ridiculous, Piccolo also notes he filed the lawsuit on behalf of Tangsuan’s estate, not as an individual.