Disney is moving to dismiss a wrongful death lawsuit filed by a man whose wife died after allegedly suffering an allergic reaction at Raglan Road Irish Restaurant and Pub, a dining establishment in Disney Springs.
Disney Springs is an outdoor shopping, dining, and entertainment complex at Walt Disney World Resort in Orlando, Florida.
The company argues in court documents that the man, Jeffrey Piccolo, is bound by an arbitration agreement he accepted when he created a Disney+ account in 2019 and later purchased tickets to Disney World.
According to court documents, Disney contends that these terms and conditions should prevent the case from proceeding in court.
The motion to compel arbitration asserts that Piccolo agreed to a binding arbitration clause embedded in the terms of his Disney+ subscription.
This clause, Disney argues, requires that “all disputes” between Piccolo and Disney or its affiliates, including those arising from his visit to Disney World, be resolved through arbitration rather than litigation in court.
The company maintains that this agreement encompasses the wrongful death claim, as the events leading to the death of Piccolo’s wife, Kanokporn Tangsuan, are connected to Disney-provided services and experiences.
The incident occurred on Oct. 5, 2023, when Tangsuan—a physician at NYU Langone Medical Center—dined with her husband and mother-in-law at Raglan Road, located within Disney Springs.
According to the lawsuit, which was originally filed in late February, Tangsuan, who had severe allergies to dairy and nuts, informed the restaurant staff of her condition.
Despite alleged reassurances from the waiter that her meal would be allergen-free, she began experiencing symptoms of a severe allergic reaction shortly after eating.
Later that evening, she allegedly collapsed while shopping at another location within Disney Springs and was rushed to a nearby hospital, where she was pronounced dead.
Piccolo’s lawsuit, filed against both Great Irish Pubs Florida, Inc., which operates Raglan Road, and Walt Disney Parks and Resorts U.S., Inc., alleges that the restaurant failed to prevent cross-contamination of allergens, leading to the woman’s death.
The lawsuit also claims that Disney, as the property owner, shares responsibility for the incident due to its control over the restaurant’s operations and its public representations about food safety at Disney Springs.
In its motion, Disney’s legal team emphasizes that Piccolo agreed to the Disney+ Subscriber Agreement, which included a comprehensive arbitration clause.
The company argues that by continuing to use Disney services, including purchasing park tickets through his account, Piccolo reaffirmed his agreement to these terms. Disney’s attorneys further argue that Piccolo could not have completed these transactions without explicitly agreeing to the terms of use.
Disney maintains that the arbitration clause in the Disney+ subscriber agreement is broad enough to cover the wrongful death claim, as it applies to any disputes related to Disney services, whether arising in contract, tort, or any other legal theory.
In response, Piccolo’s legal team filed an opposition, arguing that the arbitration agreement should not apply to the wrongful death lawsuit.
They contend that the Disney+ terms were not intended to cover claims of this nature and that Piccolo did not knowingly agree to arbitrate disputes involving his wife’s death. Furthermore, they argue that applying the arbitration clause in this context would deprive Piccolo of his right to seek justice through the courts.
Attorneys for the pub and Disney did not respond to a request for comment from The Epoch Times prior to publication.
Disney told the Associated Press on Aug. 14, that it is “deeply saddened” by the family’s loss but stressed the Irish pub is not owned or operated by the company.
“We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” the company wrote in an emailed statement to the AP.
Piccolo and his attorneys are pushing for a full judicial examination of the events leading to Tangsuan’s death, as well as seeking damages exceeding $50,000, according to the suit.
