In what can only be described as evil befitting of their worst villains, Disney is seeking to dismiss a wrongful death lawsuit because of a clause in the terms and agreements of their Disney+ streaming service.
42-year-old Kanokporn Tangsuan, a doctor at NYU Langone Medical Center in Manhattan, sat down for dinner at the Raglan Road Irish Pub and Restaurant in the Disney Springs resort on October 5.
According to a lawsuit, she warned their server that she had severe allergies to tree nuts and dairy, and the server responded that her dish could be made free of her allergens. The complaint says they inquired about allergens “several more times” and were told “unequivocally” that the food would be allergen-free.
After some of the dishes arrived without allergen-free flags, the couple again inquired and were assured by the server the food was safe.
After dinner, Tangsuan went shopping while her husband Jeffrey Piccolo headed back to the hotel room.
About 45 minutes later, Tangsuan developed difficulty breathing and collapsed at a nearby restaurant “while suffering from a severe acute allergic reaction to the food served at Raglan,” the complaint says.
She administered her epinephrine auto-injector while a bystander phoned emergency services, and paramedics subsequently rushed her to a hospital.
Piccolo later called her cell phone, which was answered by a bystander who informed him of the incident. He rushed to the hospital and was told his wife had died.
The medical examiner’s investigation determined the cause of death was a result of anaphylaxis due to elevated levels of dairy and nut in her system.
Piccolo filed a wrongful death lawsuit in Orange County Circuit Court in February alleging that she died from an anaphylactic reaction at Disney Springs and accusing the resort and the restaurant of negligence in her death.
Court records show that on May 31, Disney argued the case should be sent to arbitration rather than a jury trial because the terms and agreements of creating a Disney account included a ‘binding arbitration clause.’
When he agreed to the terms of a free trial of the Disney+ streaming service, Disney claims Piccolo agreed to the terms of their ‘Subscriber Agreement’ which include an arbitration clause in Section 7 titled ‘Binding Arbitration and Class Action Waiver.
‘[The section] applies to “all disputes” including those involving “The Walt Disney Company or its affiliates.” Walt Disney Parks and Resorts is an affiliate of The Walt Disney Company,’ the company said.
Lawyers for Piccolo argued that Disney forfeited their right to arbitration when it filed its first response to the lawsuit without bringing the matter up.
‘Even if the Court were to consider the substantive part of WDPR’s untimely Motion, it is based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial enjoyed by them and any future Estate to which they are associated,’ Piccolo’s attorney said.
Wow, this really stinks Disney. A life has been lost due to negligence, and perhaps, some lies from the server at Ragland Road Irish Pub. We will never eat there again. Maybe Disney needs to stop being so greedy and actually show they care about the public that supports them through their streaming services, annual passes, every day passes and products. This will forever leave a bitter taste in my mouth. I am appalled and disgusted by the fight Disney is putting up over their employee’s negligence. Too bad people can’t PEACEFULLY protest against Ragland Road.
Disgraceful on the part of Disney.
I am surprised her blood report showed both dairy and nut protein levels! They didn’t just contaminate with one allergen, but both??? That seems intentional 🤔 it also goes to show Epipen is not a cure like a lot of people think. She did all the right things and went to the ED right away and still died. Scary!!!
Disney shouldn’t even be involved anyway, the establishment in question isn’t owned by them. When something happens in a business you don’t sue the landlord.
What is this test that shows elevated allergens in the system? Why do so many people have mystery reactions if they can do this test? (including other deaths where we never get a cause because there is no way to tell?)
This is disgraceful. Shame on Disney who has so much money, they could easily have settled this case, with an apology. This needs to be brought to the publics attention, they should be making the evening news. The idea that somebody signed off on a streaming service negates the parks from having any responsibility of wrongful death?? What about rides? What is they malfunction and kill people? Cant get a penny bc you have Disney plus. No. This must make headlines, it’s gross.
Regardless of what any of us think of the merits of the case, this tactic impacts all of us. Ever had a Disney + account? Sorry, you can’t sue Disney in court even if it’s obviously 100% their fault (that is what they are trying to argue here) . Hopefully this won’t go any further.
This is such a tragic story. The fact that she was so clear about her allergies and promised the food was safe, and yet this still happened is terrifying. My heartfelt condolences to her family.
As the mother of a child who has severe peanut/tree nut and sesame seed allergies this IS EXTREMELY APPALING AND TRULY HEARTBREAKING to see that whom EVER was in charge of that kitchen CLEARLY DID THE WRONG THING and whether or not it was communicated accurately and doubled checked BEFORE the food left the kitchen DISGRACEFUL there is NO REGARD to HUMAN LIFE these days!!! May she RIP and I PRAY her family gets justice for this CLEARLY WRONGFUL DEATH!!
Absolutely disgusting. Walt would be ashamed. We used to go to Disney regularly, but they have been systematically dismantling everything that made the experience special. My 16 year old with severe nut allergies was pretty upset to read this as he thought that Disney would look out for him. A sad and rude awakening.