Disney abandons Disney+ arbitration defense in restaurant allergy death case

Disney said it is abandoning its motion to compel arbitration in a case filed by a man who alleges his wife died from anaphylaxis after a restaurant at a Disney complex failed to honor requests for allergen-free food.

Disney’s motion to compel arbitration controversially cited the Disney+ streaming service’s subscriber agreement, which includes a binding arbitration clause. The plaintiff’s lawyer called the argument “absurd.”

Disney confirmed this week that it will withdraw the motion, which it filed on May 31.

“At Disney, we strive to put humanity above all other considerations,” Disney Experiences Chairman Josh D’Amaro said in a statement provided to Ars today. “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 yet submitted a filing to withdraw its motion to compel arbitration, but said it is in the process of doing so. A hearing on Disney’s motion to compel arbitration was scheduled for October 2, but the judge overseeing the case canceled that hearing in a notice posted today. The case is being heard in the 9th Judicial Circuit Court in Orange County, Florida.

Lawyer: Disney+ has nothing to do with restaurant

The lawsuit was filed by Jeffrey Piccolo, a New York resident, against Raglan Road Irish Pub and Restaurant and Walt Disney Parks and Resorts. The restaurant, owned by Great Irish Pubs Florida, is located at the Disney Springs shopping, dining, and entertainment complex in Lake Buena Vista. The family ate there in October 2023.

Piccolo’s lawyer, Brian Denney, wrote in a court filing that “there is simply no reading of the Disney+ Subscriber Agreement, the only Agreement Mr. Piccolo allegedly assented to in creating his Disney+ account, which would support the notion that he was agreeing on behalf of his wife or her estate, to arbitrate injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort from which she died. Frankly, any such suggestion borders on the absurd. Indeed, the Disney+ Subscriber Agreement was only between Mr. Piccolo and Disney+, not WDPR [Walt Disney Parks and Resorts] or any other Disney Affiliates.”

Denney provided Ars with a statement today. “Although Disney has withdrawn its motion, the arbitration clauses they relied upon in their motion still exist on their various platforms (i.e. streaming services; entrance tickets to Disney’s parks, etc.). This potentially puts other people injured by Disney’s negligence at risk of facing a similar legal challenge,” Denney said. “The right to a jury trial as set forth in the seventh amendment is a bedrock of our judicial system and should be protected and preserved. Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism.”

Piccolo’s late wife, Kanokporn Tangsuan, was highly allergic to dairy and nuts. The lawsuit said that Tangsuan and her family advised the waiter of her severe food allergies. The waiter spoke with the chef and then confirmed to the family that the food would be allergen-free, the lawsuit said. Tangsuan and Piccolo “questioned the waiter several more times,” and the waiter “unequivocally assured them that the food would be allergen-free,” the lawsuit said.

Tangsuan, who was a medical doctor, began having severe difficulty breathing around 8:45 pm and self-administered an EpiPen, the lawsuit said. She was rushed to a hospital but died.

“The medical examiner’s investigation determined that Kanokporn Tangsuan’s cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.

https://arstechnica.com/?p=2044230