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Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+​


A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney (DIS) is trying to get it dismissed and sent to arbitration — because he signed up for Disney+ years earlier.

Court documents show that the company is trying to get the $50,000 lawsuit dismissed because the plaintiff, Jeffrey Piccolo, signed up for a one-month trial of the streaming service Disney+ in 2019, which requires trial users to arbitrate all disputes with the company. Company lawyers also claim that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s deceased wife, Kanokporn Tangsuan, who died of a reaction to severe food allergies.

In a legal filing responding to Disney’s claims, Piccolo’s lawyer Brian Denney called Disney’s argument “preposterous” and said that the notion that signing up for a Disney+ free trial would bar a customer’s right to a jury trial “with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience.”


Walt Disney Parks and Resort is “explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” Denney wrote in court papers as a response.

Piccolo is seeking damages in excess of $50,000 pursuant to Florida’s Wrongful Death Act, as well as damages for mental pain and suffering, loss of companionship and protection, loss of income and medical and funeral expenses.

Disney didn’t immediately respond to CNN’s request for comment.

In October 2023, Kanokporn Tangsuan, her husband Jeffrey Piccolo and Piccolo’s mother dined at Raglan Road Irish Pub in Disney Springs, which is part of the Walt Disney World resort in Florida. They chose to eat at the restaurant, the lawsuit states, because they believed it would have proper safeguards against serving dairy and nuts to Tangsuan due to her allergies.

The waiter guaranteed the couple that certain foods could be made allergen-free, which the two confirmed “several more times,” according to the lawsuit. She also ordered a vegan fritter, scallops, onion rings and a vegan shepherd’s pie.

Although some of the food delivered lacked allergen-free flags, the waiter again assured them it was allergen free, but after dinner, Tangsuan, 42, went shopping in the Disney Springs area and began “suffering from a severe acute allergic reaction,” according to the lawsuit.

Despite self-administering an Epi-Pen, Tangsuan died from “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said, attributing the information to a medical examiner’s investigation.

www.yahoo.com

Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+

A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney is trying to get it dismissed and sent to arbitration — because he signed up for Disney+ years earlier.
www.yahoo.com www.yahoo.com
 
Piff Henderson

Piff Henderson

Stage Manager of Stage Managers
BGOL Investor
RoomService said:

Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+​


A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney (DIS) is trying to get it dismissed and sent to arbitration — because he signed up for Disney+ years earlier.

Court documents show that the company is trying to get the $50,000 lawsuit dismissed because the plaintiff, Jeffrey Piccolo, signed up for a one-month trial of the streaming service Disney+ in 2019, which requires trial users to arbitrate all disputes with the company. Company lawyers also claim that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s deceased wife, Kanokporn Tangsuan, who died of a reaction to severe food allergies.

In a legal filing responding to Disney’s claims, Piccolo’s lawyer Brian Denney called Disney’s argument “preposterous” and said that the notion that signing up for a Disney+ free trial would bar a customer’s right to a jury trial “with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience.”


Walt Disney Parks and Resort is “explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” Denney wrote in court papers as a response.

Piccolo is seeking damages in excess of $50,000 pursuant to Florida’s Wrongful Death Act, as well as damages for mental pain and suffering, loss of companionship and protection, loss of income and medical and funeral expenses.

Disney didn’t immediately respond to CNN’s request for comment.

In October 2023, Kanokporn Tangsuan, her husband Jeffrey Piccolo and Piccolo’s mother dined at Raglan Road Irish Pub in Disney Springs, which is part of the Walt Disney World resort in Florida. They chose to eat at the restaurant, the lawsuit states, because they believed it would have proper safeguards against serving dairy and nuts to Tangsuan due to her allergies.

The waiter guaranteed the couple that certain foods could be made allergen-free, which the two confirmed “several more times,” according to the lawsuit. She also ordered a vegan fritter, scallops, onion rings and a vegan shepherd’s pie.

Although some of the food delivered lacked allergen-free flags, the waiter again assured them it was allergen free, but after dinner, Tangsuan, 42, went shopping in the Disney Springs area and began “suffering from a severe acute allergic reaction,” according to the lawsuit.

Despite self-administering an Epi-Pen, Tangsuan died from “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said, attributing the information to a medical examiner’s investigation.

www.yahoo.com

Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+

A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney is trying to get it dismissed and sent to arbitration — because he signed up for Disney+ years earlier.
www.yahoo.com www.yahoo.com
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I just read about this shit this morning. I like Marvel as much as the next person but there's no way I'm supporting a corporation this flagrantly evil. They know they have more than enough money to pay this man for his loss.
 
RoomService

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Dinner is now being served.
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Piff Henderson said:
I just read about this shit this morning. I like Marvel as much as the next person but there's no way I'm supporting a corporation this flagrantly evil. They know they have more than enough money to pay this man for his loss.
Click to expand...
Agreed, but what about the next person and the ones after that? I believe that’s why they drew a line in the sand. Those TOS agreements can be tricky.
 
Lexx Diamond

Lexx Diamond

Art Lover ❤️ Sex Addict®™
Staff member
This is some stone cold gangster shit right here. :eek2:

The Telegraph

Disney World says man can’t sue over wife’s death at theme park as he signed up for Disney+​

Kieran Kelly
Wed, August 14, 2024 at 12:17 PM EDT·2 min read
183


Jeffrey Piccolo and his wife Kanokporn Tangsuan

Jeffrey Piccolo and his wife, Kanokporn Tangsuan, who died from an allergic reaction to a meal at a Disney World restaurant
Disney World has claimed that a man whose wife died at the theme park cannot sue because of the terms and conditions he agreed to for a free trial of its TV service.
Jeffrey Piccolo filed a wrongful death lawsuit against the entertainment giant after his wife suffered a severe allergic reaction while eating at one of the Walt Disney World Resort’s restaurants in Orlando, Florida, last year.
Mr Piccolo, a New York University doctor, alleges the restaurant did not take sufficient precautions over his wife’s dairy and nut allergies, which he claims to have told staff about several times.
Dr Kanokporn Tangsuan, Mr Piccolo’s wife, died in hospital hours after their meal at the Raglan Road Irish Pub on October 5, 2023.
According to the legal complaint, the couple chose the restaurant because Disney had said it treated accommodating patrons with food allergies as a priority.
They questioned a waiter several times to ensure that Dr Tangsuan’s food did not contain allergens, and were assured “unequivocally” that this was the case.
Roughly 45 minutes after finishing their meal, Dr Tangsuan suffered a severe allergic reaction while shopping with her mother-in-law and collapsed. She was brought to a hospital, where she was pronounced dead.
A medical examiner confirmed her death was “as a result of anaphylaxis due to elevated levels of dairy and nut in her system”.
Disney World in Orlando, Florida

Disney World in Orlando, Florida, where a doctor's wife had a fatal allergic reaction to her meal. He is trying to sue the entertainment giant - Findlay/Alamy
Mr Piccolo is suing Disney for more than $50,000 (£40,000) plus legal costs.

However, Disney’s lawyers have argued Mr Piccolo will have to settle outside of court via arbitration because those are the terms he agreed to when he created an account for the Disney+ streaming service in 2019.

The lawyers also claim he accepted the terms again when using his general Disney account to buy tickets to the theme park last year.

But Mr Piccolo’s lawyers hit back, labelling the arguments “preposterous” and “inane”.

They added that while Mr Piccolo agreed to the terms himself, he was now acting on behalf of his wife, who they say did not.

Jibreel Tramboo, a London-based barrister who specialises in commercial law, told the BBC that the terms agreed to as part of the Disney+ trial were a “weak argument for Disney to rely on”.

However, he suggested that the clause in the ticket purchase could be more problematic for Mr Piccolo.

“That may permit Disney to stay the case for arbitration, although there are many other threads that may prevent them going to arbitration given the delicate circumstances in this case,” he said.

The Telegraph has contacted Disney and Mr Piccolo’s lawyers for comment.
 
Lexx Diamond

Lexx Diamond

Art Lover ❤️ Sex Addict®™
Staff member
REDLINE said:
I was honestly disgusted when I saw that it was only 50k :confused:

Regardless of what they signed, Disney knows that she died due to an allergic reaction at their restaurant.

The least they could do was give the man 50k.
Click to expand...

I was thinking the same thing. Apparently Disney, doesn't share our sentiment.
 
Piff Henderson

Piff Henderson

Stage Manager of Stage Managers
BGOL Investor
RoomService said:
Agreed, but what about the next person and the ones after that? I believe that’s why they drew a line in the sand. Those TOS agreements can be tricky.
Click to expand...
Terms of Service? That was for Disney+. That shouldn't get them out of paying for a death at their facility caused by their negligence.
 
Tom Slick

Tom Slick

The Black HHH
BGOL Investor
I don't think he's suing for $50k. Most likely that's a lazy headline from the editor. It looks like $50,000 and above is a specific threshold in Florida wrongful death lawsuits.

Piccolo is seeking damages in excess of $50,000 pursuant to Florida’s Wrongful Death Act, as well as damages for mental pain and suffering, loss of companionship and protection, loss of income and medical and funeral expenses.
Click to expand...
 
geechiedan

geechiedan

Rising Star
BGOL Investor
Piff Henderson said:
Man, I wouldn't go near any Disney-related attractions that could possibly cause injury or death.
Click to expand...
thats sounds like a joke but the mouse aint fuckin around...

what needs to happen is everyone who has a disney+ account should not go to any disney establishments as long as those terms are in their sign on agreement.
 
Piff Henderson

Piff Henderson

Stage Manager of Stage Managers
BGOL Investor
geechiedan said:
thats sounds like a joke but the mouse aint fuckin around...

what needs to happen is everyone who has a disney+ account should not go to any disney establishments as long as those terms are in their sign on agreement.
Click to expand...
Exactly. They'll fix that shit up quick when it hits them in the wallet
 
Simply Sickenin'

Simply Sickenin'

Valar Morghulis ....
BGOL Investor
So signing that long ass User Contract Agreement to use Disney+ means that you can't ever sue Disney :puzzled:
Even if Mickey Mouse walked into your house and smacks one your kids.

And y'all wonder why I advocate for the pirates and leakers.
 

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