Disney Fights 'Wrongful Death' Lawsuit Claiming Plaintiff Waived Rights When He Signed Up For A Disney+ Trial
This might be the most stone cold lawyer trick we've seen in a while and remember: we deal with the financial world on a daily basis, so that's saying something.
Disney is fighting a wrongful death lawsuit by claiming the complainant agreed to arbitration when he signed up for a one month trial of Disney+ streaming services, according to the Hollywood Reporter.
The suit was brought by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a 42 year old doctor who allegedly had a "fatal allergic reaction" to food at an Irish Pub in Disney Springs last October.
In a motion to the court, Disney's lawyers argued that he 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".
They wrote: “The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause.”
The motion continued: "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 points out that Piccolo also agreed to arbitration when he signed up on their website and app before visiting the theme park.
The report says Piccolo's attorney fired back: “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.”
Disney commented that its "deeply saddened" by the suit and said: “We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
Disney argued in its May 31 filing that whether Piccolo reviewed the service terms is irrelevant, noting the arbitration provision covers "all disputes," including those involving Disney or its affiliates.
The Reporter notes that Raglan Road, the Irish pub at Disney Springs where Tangsuan dined, didn't respond to requests for comment.
Piccolo's February lawsuit claims that despite repeated warnings about Tangsuan's severe nut and dairy allergies, the restaurant served her food that was not properly flagged as allergen-free. Tangsuan later died from anaphylaxis, with a medical examiner confirming the presence of dairy and nuts in her system.