A lawsuit against Disney has sparked widespread attention after Jeffrey Piccolo filed legal action following the tragic death of his wife, Dr. Kanokporn Tangsuan.
The doctor tragically passed away after eating at a Disney restaurant, per the New York Post.
The case, which alleges negligence and wrongful death, has also raised legal complexities regarding Disney's terms and conditions and the scope of its liability.
The Tragic Incident: Dr. Tangsuan’s Death After Dining at Disney Springs
Dr. Kanokporn Tangsuan, a respected physician at NYU Langone Hospital, died unexpectedly on October 5, 2023, after dining at Raglan Road Irish Pub at Disney Springs.
According to the lawsuit filed by her husband, Jeffrey Piccolo, the restaurant's staff assured the couple that the food would be allergen-free.
Tangsuan, who had severe nut and dairy allergies, relied on these assurances when ordering a meal consisting of seemingly safe options like broccoli, corn fritters, scallops, and onion rings.
However, after her meal, Tangsuan’s condition rapidly worsened as she wandered through the shopping complex.
Seeking refuge at Planet Hollywood, she collapsed from severe breathing difficulties.
Despite using an EpiPen, Tangsuan tragically passed away at a local hospital from anaphylaxis induced by "elevated levels of dairy and nut in her system," according to the autopsy report.
The lawsuit alleges that Disney failed in its duty to properly train its staff and ensure allergen-free food preparation.
Disney’s Response and the Legal Battle
In response to the lawsuit, Disney has filed a motion to dismiss the case, arguing that Jeffrey Piccolo signed terms and conditions in 2019 when he signed up for a free trial of Disney+.
According to Disney, these terms state that disputes must be resolved through binding arbitration, not in court.
Disney further argued that since Raglan Road is an independently owned restaurant at Disney Springs, the company should not be held responsible for the incident.
“We are deeply saddened by the family’s loss and understand their grief.
"Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” a Disney spokesperson said.
The Legal Technicalities: Disney+ Terms and Conditions
The legal twist in this case comes from the fact that Piccolo had signed up for Disney+ in 2019 and agreed to the streaming service's terms, which include an arbitration clause.
Disney claims that Piccolo’s acceptance of these terms means he waived his right to a jury trial for any disputes with Disney, including the wrongful death lawsuit.
Court documents reveal that the subscriber agreement for Disney+ includes a clause stating: “any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration.”
Disney’s legal team has pointed to this agreement as grounds for moving the case to arbitration, despite Piccolo’s attorneys arguing that this claim is preposterous and inane.
Piccolo’s legal team has countered that the argument is "borders on the surreal" and that agreeing to Disney’s terms for a free trial of Disney+ in 2019 does not mean Piccolo waived his right to take legal action in the name of his deceased wife.
Additionally, they emphasize that Piccolo is acting as a representative for his wife’s estate, not for himself personally.