Disney has reversed its stance on handling a lawsuit filed by a widower whose wife died after dining at a restaurant on one of its resorts.
On October 5 last year, Dr. Kanokporn Tangsuan began experiencing “severe difficulty breathing” 45 minutes after eating at the Raglan Road Irish Pub and Restaurant located in Disney Springs shopping complex in Lake Buena Vista, Florida. Tragically, she passed away in the hospital shortly after.
The 42-year-old family medicine specialist, who was employed at New York University’s Langone Hospital in Long Island, suffered from an anaphylactic shock while walking around Planet Hollywood shortly after leaving the restaurant. It is important to note that the restaurant is operated by Irish partners John Cooke and Paul Nolan, not Disney.
Her EpiPen was administered, 911 was called, and she was taken to the hospital where she was pronounced dead.
But how could a streaming platform prevent someone from taking their case to court?
Initially, Disney had requested the court to dismiss the wrongful-death lawsuit, citing Piccolo’s prior Disney+ membership for one month in 2019 and his purchase of tickets to Disney theme park Epcot in 2023, according to the BBC.
It appears that by signing up for the one-month trial or purchasing Disney tickets, there was small print involved.
Regarding the Disney+ subscription, Piccolo reportedly agreed to the terms listed in section seven of their “Subscriber Agreement.”
The agreement stipulates that users must resolve any disputes through arbitration instead of litigation, meaning a voluntary process involving a neutral third party rather than a formal court process where a judge or jury decides the case.
However, this stance has been overturned by Josh D’Amaro, the chair of Disney Experiences.
He issued the following statement to CNN: “At Disney, we strive to put humanity above all other considerations.
“With such unique circumstances as the ones in this case, 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.”
This decision comes just a week after Piccolo’s lawyer criticized the company’s argument as “preposterous,” describing it as “so outrageously unreasonable and unfair as to shock the judicial conscience.”
Piccolo, who dined at the restaurant with Tangsuan and her mother, is seeking damages exceeding $50,000 under Florida’s Wrongful Death Act, as well as compensation for his suffering, lost income, medical and funeral expenses, and more.