Disney Backs Down After Arguing Man With Disney+ Couldn't Sue Over Wife's Death

After a week of backlash, Disney has reversed its stance that a man whose wife died after eating at a restaurant at Walt Disney World could not file a wrongful death lawsuit due to terms he agreed to when signing up for a free trial of Disney+ in 2019.

Lawyers for Disney said in a new statement on Monday that the lawsuit can proceed in court after initially arguing the case should be moved into private arbitration. 

The company had previously said in a motion filed in May that Jeffrey Piccolo had agreed to terms and conditions that required arbitration in all disputes when he signed up for the streaming service and later used its My Disney platform to buy a theme park ticket. Piccolo sued the company and the owner of Raglan Road Irish Pub in Disney Springs after he said his wife had an allergic reaction that led to her death from eating at the restaurant. 

Disney has decided to waive its right to arbitration and have the matter proceed in court, according to the statement shared with HuffPost. 

At Disney, we strive to put humanity above all other considerations, Josh DAmaro, chairman of Disney Experiences, said in the statement. 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.

Court documents  filed by Piccolos attorneys said that his wife, Kanokporn Tangsuan, 42, died about an hour after dining at Raglan Road Irish Pub during their visit to Disney Springs in October. 

Piccolos attorneys said that Tangsuan had a severe dairy and nut allergy, and the couple decided to dine at the restaurant because its webpage advertised that staff were trained in accommodating allergies. 

We use reasonable efforts in our sourcing, preparation and handling procedures to avoid the introduction of the named allergens into allergy-friendly menu choices, the webpage said. 

The couple had asked their waiter several times during their visit whether Tangsuans meal could be prepared without dairy or nuts, and each time the waiter reassured them that the food was allergen-free, according to the lawsuit. 

Tangsuan however suffered from a sudden, severe allergic reaction approximately 45 minutes after eating while shopping by herself at Planet Hollywood, court documents alleged.  

A bystander at Planet Hollywood called 911 after Tangsuan, who was struggling to breathe and had collapsed to the floor, administered her own EpiPen, according to the lawsuit. When her mother-in-law tried calling Tangsuans phone, a bystander answered and told her that she had been taken to the hospital. 

Piccolo and his mother rushed to the hospital and discovered Tangsuan had died. A medical examiner later determined that her cause of death was anaphylaxis due to elevated levels of dairy and nuts in her system, the lawsuit said.

Piccolo filed the wrongful death lawsuit against Disney and the owner of the restaurant in February, seeking more than $50,000 in damages and requesting that the case be heard by a jury. However, the entertainment company responded three months later, claiming that Piccolo and anyone else who signs up for Disney+ or ESPN+ agrees to terms that specify they will use arbitration to resolve all disputes.

Piccolos attorneys responded to Disney earlier this month, calling their argument preposterous and adding that the arbitration agreement is a potential threat to the nearly 150 million other Disney+ subscribers who might pursue a lawsuit unrelated to the streaming service.

The lawsuit made national headlines last week and inspired fierce backlash as well as concern from some Disney+ subscribers about what they had signed up for.

Disney did not immediately respond to HuffPost when asked if the company would be reviewing the Disney+ terms and if it would consider dropping the arbitration clause. 

Brian R. Denney, Piccolos trial attorney, told HuffPost in an email on Tuesday that the right to a jury trial 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, he said. 

Piccolo will continue to pursue a trial to seek justice on behalf of his wife, Denney added. 

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, Denney said.  This awareness can help effectuate positive change to corporate food preparation policies and procedures.