NEW YORK (AP) — Does signing up for Disney’s popular streaming service mean you have agreed to never sue the entertainment giant over anything forever?

That is what Disney argues in a wrongful death lawsuit involving a 42-year-old New York doctor whose family claims had a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.

Disney is asking a Florida court to dismiss a lawsuit brought against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist with NYU Langone’s office in Carle Place, on Long Island.

The company argues Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.

“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause," the company wrote in its motion. “The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’.”

Disney also notes in its response that Piccolo agreed to a similar arbitration provision when he created an account on Disney's website and app ahead of the ill-fated theme park visit.

But Piccolo's lawyer, in a response filed earlier this month, argued that it was “absurd” to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity — even if their case has nothing to do with the popular streaming service.

“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement,” Brian Denney, Piccolo’s attorney, wrote in the Aug. 2 filing.

Disney, in its May 31 filing, argued that whether Piccolo actually reviewed the service terms is “immaterial." It also noted the arbitration provision “covers ‘all disputes’ including ‘disputes involving The Walt Disney Company or its affiliates’.”

Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision, or award.

Disney said late Wednesday that it is “deeply saddened” by the family’s loss but stressed the Irish pub is neither owned nor operated by the company. The company’s stance in the litigation doesn’t affect the plaintiff’s claims against the eatery, it added.

“We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” the company wrote in an emailed statement.

Raglan Road, the Irish pub in Disney Springs where Tangsuan dined, didn’t respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some of the spaces in the outdoor dining, shopping and entertainment complex to other companies.

Piccolo's lawsuit, which was filed in February, claims that he, his wife and his mother decided to eat at Raglan Road on Oct. 5, 2023 because it was billed on Disney’s website as having “allergen free food.”

After informing their server numerous times that she had a severe allergy to nuts and dairy products, Tangsuan ordered the vegan fritter, scallops, onion rings and a vegan shepherd’s pie.

The waiter then “guaranteed” that the food was allergen-free even though some of the items were not served with “allergen free flags," the lawsuit states.

About 45 minutes after finishing their dinner, Tangsuan had difficulty breathing while out shopping, collapsed and eventually died at the hospital, despite self-administering an EpiPen during the allergic reaction, according to the lawsuit.

A medical examiner’s investigation determined later she died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.

An Oct. 2 hearing has been scheduled on Disney’s motion in county court in Orlando. Piccolo seeks more than $50,000 in his lawsuit.

Share:
More In Business
Michigan Judge Sentences Walmart Shoplifters to Wash Parking Lot Cars
A Michigan judge is putting sponges in the hands of shoplifters and ordering them to wash cars in a Walmart parking lot when spring weather arrives. Genesee County Judge Jeffrey Clothier hopes the unusual form of community service discourages people from stealing from Walmart. The judge also wants to reward shoppers with free car washes. Clothier says he began ordering “Walmart wash” sentences this week for shoplifting at the store in Grand Blanc Township. He believes 75 to 100 people eventually will be ordered to wash cars this spring. Clothier says he will be washing cars alongside them when the time comes.
State Department Halts Plan to buy $400M of Armored Tesla Vehicles
The State Department had been in talks with Elon Musk’s Tesla company to buy armored electric vehicles, but the plans have been put on hold by the Trump administration after reports emerged about a potential $400 million purchase. A State Department spokesperson said the electric car company owned by Musk was the only one that expressed interest back in May 2024. The deal with Tesla was only in its planning phases but it was forecast to be the largest contract of the year. It shows how some of his wealth has come and was still expected to come from taxpayers.
Load More