New York doctor died from food allergy at Disney World; company says it cannot be sued due to ‘terms and conditions’

A New York woman, Dr Kanokporn Tangsuan, died in February after experiencing a severe allergy, consuming food with allergens at a restaurant in Disney World. Months after the tragedy, her husband, Jeffrey J Piccolo, sued Disney Parks and Resorts in February. However, the company is now trying its best to get this wrongful death lawsuit dismissed just because the widower signed up for a Disney Plus account several years ago.

What does the lawsuit against Disney say?

Piccolo’s complaint states that he, his wife, and his mother went to Raglan Road Irish Pub and Restaurant at the Orlando resort in Florida for dinner on October 5 because Disney’s website billed the place as having “allergen-free food.”

The suit also alleges that Tangsuan told their server several times that she had a severe allergy to nuts and dairy products. They were eventually “guaranteed” that the food was allergen-free.

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About 45 minutes after the 42-year-old doctor finished the food, she had difficulty breathing. She was out shopping when it happened. Tangsuan, who was a physician with NYU Langone Health, ultimately collapsed and died at a hospital, as per the lawsuit. The complaint also informs that the medical examiner determined the cause of her as “anaphylaxis due to elevated levels of dairy and nut in her system.”

Disney’s response to the wrongful death lawsuit

This is where Disney’s piece comes in. This week, the company released a statement saying it was “deeply saddened” by the family’s loss. Responding to the plaintiff’s lawsuit, Disney asserted that the Irish pub in question is neither owned nor operated by them, per the Associated Press’ report.

A company spokesperson told NBC News, “We are deeply saddened by the family’s loss and understand their grief. Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”

To divert attention further to the T&C clause Piccolo had agreed to while signing up for a month-long trial of Disney Plus in 2019, the company argued that he had agreed to settle any lawsuits against them out of court through arbitration.

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“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 wrote to have the case $50,000 lawsuit dismissed.

In court documents filed this May, Disney also said he accepted the same terms when buying tickets on the Walt Disney Parks website.

Piccolo’s lawyers responded to Disney’s argument earlier this month, slamming the reasoning as “preposterous.” They also stressed that it was “absurd” to agree that over 150 million Disney Plus subscribers have waived all rights to sue the company and its affiliates, especially considering that Piccolo’s case has nothing to do with the streaming service. They also emphasised that he signed up for the Disney Plus account on his PlayStation but cancelled it during the free trial.

“There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death,” his attorneys said.