A lawsuit filed by Jeffrey Piccolo claimed his wife, Kanokporn Tangsuan, suffered a fatal allergic reaction after eating at a Disney Springs restaurant in Florida last October. In that case, Disney tried to get the lawsuit thrown out because of a clause found in Piccolo’s Disney+ subscription which stated disputes had to be resolved by arbitration.
Disney installed a withering blowback when they went to court and tried to squelch Piccolo’s wrongful death case, claiming the Disney+ agreement he signed years earlier did just that.
“At Disney, we strive to put humanity above all other considerations,” Josh D’Amaro, chairman of Disney Experiences, said in a statement to The Post about the company’s decision.
“With such unique circumstances as the ones in this case, 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.
Disney has not officially filed its new motion in Orange County’s circuit court as of Tuesday morning. He had sued Walt Disney Parks and Resorts for wrongful death over his doctor wife’s fatal reaction in last week’s uncomfortable suit filing about the Raglan Road Irish Pub & Restaurant incident.
Before Piccolo signed up for a Disney+ trial last year, he was asked to agree at least twice that all disputes between him and the company would be settled through arbitration.
It happened first when he enrolled in the shared streaming service in 2019—and later before using “My Disney Experience” app to purchase tickets for Epcot visit late September this past year.
However, lawyers for Piccolo excoriated Disney’s motion in no uncertain terms: “outrageously unreasonable” and “fatally flawed. Any free trial terms forcing a consumer who makes a Disney+ account and never again to acquire the right into an assertion that endeavors perpetually to banish all disputes between any such buyer—and each different group, branch or affiliation of friendliest friendly person—to ensure Disney affiliate from ever going by way for jury is “shockingly irrational and uncalled-for,” Piccolo’s guideline draftsman contended.
The mother of three, Tangsuan, 42, died on October 5 after being hospitalized due to an allergic reaction from eating food at the eatery. Even though she specifically told the waitstaff about her nut and dairy allergy, she fell sick soon after eating seared scallops with onion rings, a side of steamed broccoli, and corn fritters. Even after being treated with an EpiPen when she collapsed, she died at the hospital.
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