After immense backlash, Disney has agreed to allow a wrongful death lawsuit to proceed to court after previously arguing for arbitration because the widower once signed up for a free trial of Disney+.
Jeffrey Piccolo filed the lawsuit against Disney in February, four months after his wife, Dr. Kanokporn Tangsuan, ate a meal a restaurant in Disney Springs that staff guaranteed was safe for her dairy and nut allergies. The restaurant, Raglan Road Irish Pub, is also named in the lawsuit.
Though servers at the pub “unequivocally assured” Tangsuan “that the food would be allergen free,” Piccolo’s lawsuit maintains his wife experienced a fatal allergic reaction after consuming the meal.
Lawyers for Disney filed a motion to stay, claiming Piccolo cannot pursue a court hearing because he signed up for a free trial of Disney+ in 2019, four years before his wife’s death.
According to Disney’s terms of use, which must be accepted when using Disney+, signees are agreeing to waive their rights to any potential class-action lawsuits or jury trials. The terms are also used when purchasing theme park tickets from the Walt Disney website and when creating an ESPN+ account, which is owned by Disney.
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A spokesperson for Disney maintained the company has a “right to arbitration,” but would waive it to allow the case to proceed to court.
“We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” Disney rep Josh D’Amaro told Reuters in a statement.
The lawsuit against the restaurant and Florida’s Walt Disney Parks and Resorts is seeking damages exceeding US$50,000 (C$68,600), as well as other payment for damages including suffering, loss of income and medical costs.
Piccolo’s lawyers maintain staff at Raglan Road Irish Pub were negligent and improperly trained on how to handle severe food allergies.
The Irish pub is advertised as a Disney World restaurant that can accommodate special allergies and related requests.
Though the restaurant is located at the Disney Springs site, it is operated by an independent company. Disney has argued it has no control of the pub’s operation or management and should not be included in the lawsuit.
According to Piccolo’s legal filing, obtained by Global News, Tangsuan repeatedly asked servers at Raglan Road Irish Pub if her meal was allergen-free. Even after the dishes — a vegetable fritter, scallops, a vegan shepherd’s pie and onion rings — arrived without allergen-free flags, Piccolo said staff “guaranteed” the food was safe.
Tangsuan, who was a 42-year-old physician at NYU Langone Hospital, collapsed 45 minutes after the meal. She self-administered her EpiPen, a life-saving medication used to decrease an allergic reaction.
A witness called 911.
She was taken to hospital, where she later died of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit states.
A hearing has been scheduled for October.
There is no cure for food allergies. According to Food Allergy Canada, more than three million Canadians have self-reported having at least one food allergy.
One in two Canadian households are affected by a food allergy, the organization claims.
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