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3 weeks ago
New York|Disney Backs Down From Effort to Use Disney+ Agreement to Block Lawsuit
https://www.nytimes.com/2024/08/20/nyregion/disney-arbitration-allergy-death-lawsuit.html
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The entertainment company had faced a backlash after claiming that a man whose wife died after an allergic reaction to food at Disney World had waived his right to sue when he signed up for Disney+.
Aug. 20, 2024Updated 4:24 p.m. ET
Disney withdrew its request to settle a wrongful-death lawsuit out of court on Monday, clearing the way for the case of a woman who died from a severe allergic reaction to food she ate at a Disney World restaurant to be heard in front of a jury.
The woman, Kanokporn Tangsuan, a family medicine specialist who lived on Long Island, was severely allergic to nuts and dairy. She died in October after eating dishes her server assured her were allergen-free, according to a lawsuit filed by her husband against Walt Disney Parks and Resorts.
Disney’s request was met with swift backlash last week, after news outlets reported on the company’s claim that Dr. Tangsuan’s husband, Jeffrey Piccolo, had agreed to arbitration when he signed up for a free trial of the streaming service Disney+ and was therefore not eligible to sue.
Disney also noted that the restaurant, Raglan Road, an Irish pub in the Disney Springs section of its Orlando resort, was independently owned and operated.
Mr. Piccolo is seeking damages over $50,000, the minimum required to file in Florida circuit court, but a jury could award much higher punitive damages, his lawyers said.
Despite repeated claims that Disney’s only role in the tragedy was as a “landlord” to Raglan Road, on Monday a representative for the company said that it acknowledged that arbitration would draw out an already painful process for Mr. Piccolo. The hearing to move the case to arbitration, set for Oct. 2, was canceled on Tuesday.
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