Additional Coverage:
In October 2023, Kanokporn Tangsuan, a 42-year-old New York doctor, tragically passed away from anaphylaxis after dining at Disney Springs’ Raglan Road Irish Pub and Restaurant in Walt Disney World, Orlando. Despite having severe allergies to dairy and nuts, Tangsuan was assured by the staff that her meal choices of vegetable fritters, battered scallops, vegan shepherd’s pie, and onion rings would be allergen-free, as stated in a lawsuit filed by her husband, Jeffrey Piccolo.
Initially, Disney argued that Piccolo could not bring the case to court due to a clause in his Disney+ subscription agreement mandating arbitration for disputes. This clause, Disney claimed, covered incidents at its various properties and other related entities.
The company pressed this point even though the incident occurred long after the subscription was made and at a physically separate venue. Disney’s stance was that Piccolo had automatically agreed to these terms when he signed up for the streaming service and later when purchasing tickets for Epcot Park.
This argument by Disney was strongly contested by Piccolo’s legal team, who described the claim as absurd, particularly the notion that a previously agreed upon arbitration clause for a streaming service could apply to future and unrelated incidents like personal injury or wrongful death.
Responding to the contentious situation, Disney has now withdrawn its initial claim for arbitration, citing the unique nature of the case. Josh D’Amaro, the chairman of Disney Experiences, emphasized that the situation demanded a sensitive and expedited resolution for the grieving family. As a result, Disney has allowed for the case to proceed in court.
As of now, neither party’s legal representatives have made further comments on the matter outside of regular U.S. business hours.