Disney drops bid to have allergy death lawsuit thrown out over Disney+ free trial
Disney has dropped a claim that a man could not sue the company over the death of his wife because he signed up to a free trial of Disney+.
Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his wife, Kanokporn Tangsuan, died in 2023.
She died from a severe allergic reaction after eating at a restaurant at a Disney Springs restaurant in Florida, operated by an independent company.
Mr Piccolo claimed Kanokporn ‘repeatedly’ informed staff at the theme park of her severe allergies to dairy and nuts.
But in a u-turn, the company has now decided the matter can be heard in court.
Josh D’Amaro, chairman of Disney Experiences, told the BBC: ‘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.’
Lawyers for Mr Piccolo said: ‘Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism,’ adding that Mr Piccolo will ‘continue to pursue justice on behalf of his beloved wife at the trial court level’.
‘He also hopes these recent events have raised awareness of the millions of people of all ages and walks of life who suffer with food allergies.’
Jamie Cartwright, partner at the law firm Charles Russell Speechlys, suggested Disney’s change of heart was motivated by the ‘adverse publicity’ its initial approach had generated.
Disney previously wanted to settle the case outside of court in a process called arbitration, and wanted the case to be halted.
It said this is because users agree to settle any legal disputes with the company only via arbitration in its terms of use, meaning any dispute is overseen by a neutral third party and not a judge in its terms of use.
Disney had said that Mr Piccolo agreed to these terms of use when he signed up to a one month free trial of its streaming service, Disney+, in 2019.
He accepted these terms again when he used his Disney account to buy tickets for the theme park in 2023, Disney said.
Mr Piccolo’s lawyers hit back and called the arguments ‘preposterous’ and ‘insane’.
They said the original case was ‘based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial’.
Kanokporn’s death was ruled ‘as a result of anaphylaxis due to elevated levels of dairy and nut in her system’.
Mr Piccolo is suing Disney for $50,000 (£38,400) plus legal costs.
Disney argues it has no control over the operation and management of the restaurant.
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