Disney Seeks to Dismiss Wrongful Death Suit by Arguing for Arbitration Based on Disney+ Subscription

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Walt Disney Parks and Resorts is challenging a wrongful death lawsuit filed by Jeffrey Piccolo, arguing that the case should be dismissed and sent to arbitration due to Piccolo’s prior Disney+ subscription. The lawsuit, seeking damages over $50,000, stems from the death of Piccolo’s wife, Kanokporn Tangsuan, who passed away after a severe allergic reaction at a Disney Springs restaurant.

In court filings, Disney’s legal team contends that Piccolo’s enrollment in a one-month Disney+ trial in 2019 obligates him to resolve disputes through arbitration, as stipulated in the subscription’s terms. The company also asserts that Piccolo’s purchase of Epcot Center tickets from the Walt Disney Parks website further shields them from liability in this case.

Piccolo’s attorney, Brian Denney, has criticized Disney’s argument as “preposterous,” arguing that requiring arbitration for a wrongful death claim unrelated to Disney+ is “outrageously unreasonable and unfair.” Denney argues that Disney is attempting to prevent a jury trial for a case involving a Disney-operated venue, despite the company not directly running the restaurant where the incident occurred.

The lawsuit alleges that Tangsuan, who had severe food allergies, was assured by restaurant staff at Raglan Road Irish Pub, located in Disney Springs, that her meal was allergen-free. Despite these assurances, Tangsuan suffered a severe allergic reaction after eating, leading to her death from anaphylaxis. The lawsuit cites failure in the restaurant’s allergy protocols and is seeking compensation for mental anguish, loss of companionship, and related expenses.

A Disney spokesperson expressed sympathy for the Piccolo family but defended the company’s position, stating, “Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”

Piccolo’s legal team is challenging Disney’s motion to move the case to arbitration, arguing that the wrongful death claim should be heard in court. The outcome of this dispute could have significant implications for how subscription agreements are interpreted in legal contexts, particularly regarding consumer rights and dispute resolution.