(qlmbusinessnews.com Wed. 21st Aug, 2024) London, UK —
Lawsuit Over Wife's Allergy Death at Disney World Moves Forward
Disney has decided to retract its claim that a man could not pursue legal action against the company for his wife's death due to terms he agreed to during a Disney+ trial.
Jeffrey Piccolo had filed a wrongful death lawsuit against Disney and the operators of a restaurant at Disney World, Florida, after his wife, Dr Kanokporn Tangsuan, tragically passed away in 2023 from a severe allergic reaction following a meal at Raglan Road, an Irish-themed pub at Disney Springs.
Initially, Disney argued that Mr Piccolo's lawsuit should be subject to arbitration rather than being heard in court, based on a clause within the Disney+ streaming service’s terms and conditions, which Mr Piccolo had accepted in 2019 during a brief trial period. However, following public backlash, Disney has now decided to allow the case to proceed in court.
Disney’s Josh D'Amaro explained the decision, stating, “We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we've decided to waive our right to arbitration and have the matter proceed in court.”
Arbitration, which involves a neutral third party resolving the dispute, can be quicker and more private than a court trial but does not involve a jury. Disney's initial move to push for arbitration received criticism, with some legal experts suggesting the company was trying to avoid negative publicity.
Mr Piccolo's lawsuit claims that Raglan Road failed to adequately address his wife’s severe allergies to dairy and nuts, despite being informed multiple times. Sadly, Dr Tangsuan passed away in hospital later that day. A medical examiner confirmed that her death was due to anaphylaxis, caused by elevated levels of dairy and nuts in her system.
Mr Piccolo is seeking more than $50,000 (£38,400) in damages from Disney, including compensation for suffering, loss of income, and medical and legal expenses. Disney maintains that it had no control over the restaurant's management or operations.
Legal experts have criticised Disney’s initial attempt to use the Disney+ terms and conditions to enforce arbitration, describing it as a “novel” and “potentially far-reaching” argument that pushed the boundaries of contract law. Disney has since announced that it is preparing to file a court submission to withdraw its arbitration request.
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