Disney reverses course on wrongful-death lawsuit, agrees to let case proceed in court
As a devoted cinephile who has spent countless hours immersed in the magical world of Disney, I find it deeply disheartening to witness such a distressing turn of events unfold within this iconic company. The tragic tale of Jeffrey Piccolo and his wife Kanokporn Tangsuan is heartrending, to say the least.
Previously, The Walt Disney Company maintained that the wrongful-death lawsuit should be resolved through arbitration. However, it has recently changed its position and now consents to let the case progress in a court of law.
In February, Jeffrey Piccolo filed a lawsuit against Disney, claiming that his spouse suffered a fatal allergic reaction after dining at a restaurant located within Walt Disney World in Orlando, Florida.
Given the distinct nature of this situation, it was essential to handle the matter with care and compassion to swiftly find a resolution for the family who have endured such a heart-wrenching grief, as expressed by Disney Experiences Chairman Josh D’Amaro in a statement issued on Monday evening.
In other words, he stated that they will not use arbitration for this situation, but instead take the case to a court of law.
The scheduled court hearing on October 2 intended to review Disney’s request to dismiss a wrongful-death lawsuit has been called off as of this morning, based on court records.
During a visit to Disney Springs shopping center in October 2023, Piccolo and his wife, Kanokporn Tangsuan, repeatedly asked staff at Raglan Road restaurant if the meal Tangsuan ordered contained dairy or nuts, as she had allergies. The staff reportedly assured them it did not, but according to Piccolo’s lawsuit, this was not true.
Within minutes of finishing their meal, Tangsuan started experiencing trouble breathing and fell unconscious. She was rushed to the hospital but unfortunately didn’t survive. An investigation by the medical examiner revealed that Tangsuan passed away due to anaphylaxis caused by high amounts of dairy and nuts in her body, as stated in the lawsuit.
In a document submitted last May, Disney argued that the lawsuit should be dismissed because Piccolo had previously agreed to terms and conditions requiring arbitration for all disputes, not just those involving The Walt Disney Company or its affiliates, when he created his Disney+ account in 2019. This information was detailed in the court filing.
Disney stated that Piccolo consented to the terms and conditions once more upon purchasing tickets for himself and his spouse to attend Epcot via the Walt Disney World online platform. According to legal papers, this binding arbitration agreement pertains to any individual whose tickets were purchased by Disney.
Responding to Disney’s filing in May, Piccolo’s lawyers contended that since his wife was still alive when he bought the tickets, her estate – which hadn’t been established yet – couldn’t have agreed to any legal terms or conditions.
In a Tuesday email, Piccolo’s lawyer, Brian Denney, stated that they will persistently seek justice for Piccolo’s wife within the trial court system.
As a passionate advocate for justice, I believe we ought to view corporate efforts to bypass jury trials with a critical, discerning eye, particularly when companies such as Disney are involved.
Denney noted that Piccolo aimed for the attention brought by the case to result in “constructive modifications to the food preparation practices and guidelines within corporations.”
Piccolo is seeking at least $50,000 in damages, not including costs and post-judgment interest.
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2024-08-20 22:01